The Union Cabinet approved the Surrogacy (Regulation) Amendment Bill 2022 on December 13, 2022 to amend certain provisions of the Surrogacy Act 2021. The changes are aimed at helping intended parents and making the surrogacy process in India more inclusive.
Key Highlights of 2021 Surrogacy Act
The Surrogacy Act 2021 was passed to regulate commercial surrogacy and prohibit potential exploitation of surrogate mothers. It had provisions like:
- Allowing only altruistic surrogacy
- Banning commercial surrogacy
- Making medical insurance for surrogate mother and child mandatory
- Specifying criteria for intending parents such as 5 year marriage requirement
However, some of these were criticized by stakeholders for being too restrictive. This led to the proposal of amendments in 2022.
Necessity for Amendments
Restrictive for Parents
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- 5 year infertility requirement for parents was debated to be insensitive
- Limited chances due to advanced parental age cut-offs
- Prohibitive for divorced/widowed persons, live-in partners, foreigners
Impact on Surrogates
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- Drastic reduction in surrogacy arrangements due to limited eligibility of parents
- Cut off intended parents, the only source of income for surrogate mothers
Rise in Cross-border RA Tourism
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- Banned NRI singles and couples opting for foreign destinations
Key Proposed Amendments
The proposed changes in 2022 amendment bill cover broad areas:
Relaxation of Eligibility Criteria
Infertility Criteria
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- Reduced period to 1 year from 5 years
Age Limit Conditions
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- Revised to minimum 21 & maximum 45 for women
- Revised to minimum 26 & maximum 55 years for men
This widens opportunities for intended beneficiaries such as older couples or women.
Rights of Surrogate Mother
Enhancing Compensations
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- Insurance cover increased from 16 months to 36 months
- Compensation in case of death also covered now
Freezing multiple embryos now allowed
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- Secures chances of successful implantation
- Reduces need for repeated invasive procedures improving safety
Streamlining Approval and Certification Logistics
- Specifying state-wise authorities granting approvals to ease process
- Mandating registration at ART Clinic and bank to better regulate practice
- Advance certification provision to avoid last minute uncertainties
Benefits Expected from Changes
- Greater accessibility: More needy people eligible
- Regulate industry effectively: Curbing malpractices
- Protect interests of all stakeholders: Surrogates, parents & clinics
As per experts’ opinions published in leading journals, these policy updates are progressive steps balancing ethics and empathy.
Legalization of Commercial Surrogacy Still Controversial
While the ban on commercial surrogacy aimed to safeguard interests of marginalized women, arguments favouring controlled legalization exist considering:
- Reproductive rights: Surrogacy also about women’s rights over their bodies & decisions regarding pregnancy
- Livelihood impact: Complete ban snatched away source of income for many poor women
- Pushing market underground: Ban led to increase in black marketing and exploitation
Challenges That Need Focus
Even though amendments address critical gaps, surrogacy journey in India still requires:
- Standardization of procedures & protocols:
- Currently variable practices across fertility clinics
- Stringent regulation of ART industry:
- Monitoring quality & ethical compliance
- Addressing social barriers:
- Taboo perceptions around infertility and surrogacy
Work also needs to happen outside policy landscape through community engagement and public awareness initiatives around issue sensitization.
Recent Surrogacy Cases in News
- Telangana DOH orders probe in February 2024 into case of twin babies born to Odisha tribal woman in surrogacy racket after alleged harassment by coordinators regarding compensation dues
- Nepali woman gains spotlight as commercial surrogate mother in India through interview on surrogacy ban impacts in January 2024
Key Statistics
- of IVF clinics licensed for surrogacy in India : 2500 approx
- Projected commercial surrogacy market pre-ban : $2.5 billion per year
- Average cost per surrogacy procedure: $20,000-25,000
- Share of foreign commissioned surrogacies: 40% earlier
- Countries receiving most Indian surrogates earlier: USA, Russia, China etc.
The Surrogacy Regulation Amendment Bill 2022 aims to strike balance between curbing the exploitation of women acting as surrogates as well as facilitating those in genuine need of accessible surrogacy procedures.
- However, regulation alone cannot address complex socio-cultural barriers that impact mindsets around infertility and acceptance of associated treatments.
- Alongside policy reforms, on-ground advocacy and community work are equally important.
- Ongoing review mechanisms should dynamically upgrade rules so that they evolve with the changing times and address potential gaps that may still exist.