Article:
The Indian Lok Sabha marked a significant milestone in healthcare legislation with the passage of the Surrogacy (Regulation) Bill 2016. This new law, approved by Cabinet in August 2016, has been put into effect after extensive deliberation and committee referral since its introduction in November of the same year. At its core, this bill stands firmly against commercial surrogacy, while advocating for the adoption of altruistic surrogacy as an alternative.
Understanding the Bill: Key Provisions
Breaking down the infertility industry’s surrogacy aspect, the bill defined surrogacy as a contract wherein a woman agrees to bear a child for another couple and transfer custody after birth. Altruistic surrogacy is endorsed, which involves only medical and insurance expenses for the surrogate mother — no other financial remuneration will be permitted.
The regulation also dictates conditions for prospective parents and surrogates. It restricts surrogacy to Indian married couples who have been together for five or more years and have no surviving children, barring exceptions for mentally or physically challenged children, or those with life-threatening or terminal illnesses.
Eligibility criteria for surrogate mothers
A close relative, possessing a medical fitness certificate, can be a surrogate provided she is between 25 and 35 years old, is married, and already has her own child. However, the law stipulates that each woman can only act as a surrogate once.
Structuring Regulatory Bodies
The Surrogacy (Regulation) Bill also seeks to establish a National Surrogacy Board, State Surrogacy Boards, and appointed authorities. These bodies are targeted at administering and overseeing the practice and process of surrogacy.
| Fact | Description |
|---|---|
| Bill Approval | Approved in August 2016 |
| Definition of Surrogacy | A practice where a woman undertakes to give birth for another couple |
| Type of Surrogacy Allowed | Altruistic surrogacy |
| Age Bracket for Prospective Parents | Women (23-50 years), Men (26-55 years) |
| Suitable Surrogate Mothers | Close relative, married with own child, aged 25-35 years |
Challenges with The New Surrogacy Bill
Despite its noble intentions, the new law faces several challenges. It does not allow single women or men, or homosexual couples to choose surrogacy. There are also concerns about its adequacy in stopping illegal commerce in organs, as seen with the Transplantation of Human Organs Act.
Another issue with the Bill is that it offers inadequate legal safeguards for the surrogate mother and her child—in case the parents refuse an unhealthy child born out of surrogacy. The Bill has been criticized for possibly prompting a black market for surrogacy services, leading to an increase in exploitation and trafficking of surrogate mothers.
The Demand for a Surrogacy Bill
There are key reasons why a bill regulating surrogacy was needed. Firstly, India’s rise as a global hub in infertility treatments represented a significant growth in this sector. Secondly, there was increasing concern over unethical practices in the industry—such as the exploitation of surrogate mothers, abandonment of surrogacy-born children, and unsanctioned importing of human embryos and gametes—that needed to be addressed.
Commercial surrogacy has been legal in India since 2002, under the guidance of the Indian Council of Medical Research. The Law Commission of India recommended banning commercial surrogacy and endorsing ethical, altruistic surrogacy for needy Indian citizens through suitable legislation.
Understanding Surrogacy
Surrogacy is a process wherein a couple who can’t have a child due to medical complications gets help from another woman (the surrogate mother). This includes traditional surrogacy, where the surrogate mother’s eggs are inseminated with the father’s/donor’s sperm, and gestational surrogacy, where the biological mother’s eggs are artificially fertilised.
Last Modified: February 6, 2024