Cabinet approves introduction of the “Surrogacy (Regulation) Bill, 2016”

The Union Cabinet has given its approval for introduction of the “Surrogacy (Regulation) Bill, 2016”. Once passed, the new legislation will apply to all of India except Jammu and Kashmir.

Source: Hindustan Times

Salient features of the Bill:

• The draft surrogacy Bill aims at regulating commissioning of surrogacy in the country in a proper manner.
• The Bill aims to prevent exploitation of women, especially those in rural and tribal areas.
• The Bill promises to ensure parentage of children born out of surrogacy is “legal and transparent.”
• The new Bill proposes complete ban on commercial surrogacy.
• As per the Bill, only legally—wedded Indian couples can have children through surrogacy, provided at least one of them have been proven to have fertility-related issues.
• Foreigners, even Overseas Indians, are barred from commissioning surrogacy.
• A woman will be allowed to become a surrogate mother only for altruistic purpose and under no circumstances money shall be paid to her, except for medical expenses.
• Unmarried couples, single parents, live—in partners and homosexuals cannot opt for surrogacy as per the new bill.

Surrogacy regulation board will be set-up at Central and State-level.

Why legislation in this regard is necessary?

• India has emerged as a surrogacy hub for couples from different countries and there have been reported incidents concerning unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy and rackets of intermediaries importing human embryos and gametes.
• Widespread condemnation of commercial surrogacy prevalent in India has also been regularly published in different print-and electronic media since last few years highlighting the need to prohibit commercial surrogacy and allow ethical altruistic surrogacy.
• The 228th report of the Law Commission of India has also recommended for prohibiting commercial surrogacy and allowing ethical altruistic surrogacy to the needy Indian citizens by enacting a suitable legislation.

What is surrogacy?

Surrogacy is when another woman carries and gives birth to a baby for the couple who want to have a child. There is also gestational surrogacy, wherein eggs from the mother are fertilised with the father’s/donor’s sperm and then the embryo is placed into the uterus of the surrogate, who carries the child to term and delivers it. In this case, the biological mother is still the woman whose eggs are used, while the surrogate is called the birth mother.

Why opt for surrogacy?

Couples opt for surrogacy when traditional means of conceiving a child have failed, this also includes in-vitro fertilisation, or it is dangerous for the couple to get pregnant and give birth. 

The following medical conditions usually necessitate surrogacy:

• Malformation of or infection in the womb.
• Absence or removal of womb by hysterectomy.
• Recurring miscarriages.
• Repeated failure of IVF.
• Other conditions that make impossible or risky for a woman, such as severe heart disease.