Surrogacy (Regulation) Bill 2016 Passed: Everything You Need To Know About The Bill

The Surrogacy (Regulation) Bill 2016 has been passed today at the Lok Sabha, which will prevent commercialisation of surrogacy. The proposed legislation will allow only altruistic surrogacy. The objective of the bill is to bring some level of regulation in surrogating, to prevent exploitation of surrogate mothers and to protect the rights of children born through the process. Here are some crucial points about the bill. Surrogacy Bill Passed in Lok Sabha During Winter Session of Parliament; Commercial Surrogacy to be Banned.

• The bill will only allow altruistic surrogacy where the service can be provided for free only by family members or friends.
• Only Indian couples legally married for at least five years will be covered under the bill.
• The couple should not have any surviving biological, adopted or surrogate child. The only exception is if the child they have is mentally or physically challenged, or has life-threatening conditions.
• The couple who has a child through surrogacy should not abandon the child under any circumstances.
• The child born through surrogacy will have the same rights as the couple’s biological children (if any).
• The surrogate mother should be a close relative of the couple.
• She should be between the age of 25-35 and can act as a surrogate mother only once.
• The surrogate mother will carry the child, which is genetically related to the couple.
• A court of the magistrate will be authorised to pass the order related to the parentage and custody of the child to be born through surrogacy.
• Both the surrogate mother and the intending couple will need eligibility certificates from authorities appointed by the state and the central government.
• The surrogate mother should be protected by reasonable and adequate insurance coverage.
• Other than paying for the medical expenses of the surrogate mother, the intending couple will not make any extra payments.
• If the bill is enacted, the National Surrogacy Board will set up at the central and state and union territory levels. The Board will perform functions allotted to it under the act.
• The Bill will prevent any person, organisation, surrogacy clinic, labs, etc. from commercialising surrogacy, abandoning the child, and selling or importing the human embryo.
• Violation of the rules will be a warrant a prison term of 10 years and a fine that may extend to Rs 10 lakh.

While the Bill is a welcome move, it is still fraught with many grey areas. For example, it makes no attempt to specify who a ‘close-relative’ is for surrogacy. The couple needs to pass an eligibility criterion, after which they will be issued a certificate. But there’s no time limit specified within which the certificates will be given out. And more importantly, the bill covers couples who cannot conceive. It says nothing about women who cannot deliver children due to medical reasons.

(The above story first appeared on LatestLY on Dec 19, 2018 06:20 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).