Lok Sabha passes Surrogacy Bill

NEW DELHI: The Surrogacy (Regulation) Bill, 2019 – aiming to ban commercial surrogacy to protect women from exploitation - was passed by Lok Sabha and introduced in the upper house on Monday.


The Bill seeks to allow only

altruistic surrogacy

by infertile Indian couples from a "close relative", while prohibiting foreigners, NRIs and PIOs from commissioning surrogacy in the country. Even singles, homosexuals and live-in couples cannot apply for surrogacy.

Only Indian couple who are legally married for at least five years and possess a certificate from a doctor stating that they are medically unfit to produce a child can opt for surrogacy, according to the provisions of the Bill. Besides, couples who already have children will also not be allowed to opt for surrogacy.

While moving the bill in the lower house for consideration and passage, health minister Harsh Vardhan said the bill is “the need of the hour”.

“A rough estimates says there are about 2,000-3000 surrogacy clinics running illegally in the country and a few thousand foreign couples resort to surrogacy practice within India and the whole issue is thorougly unregulated,” Vardhan said emphasizing on the need to keep a check on surrogacy to prevent exploitation of women.

The bill was passed by Lok Sabha in December, 2018 but lapsed as it could not get nod in the upper house.

India has emerged as a hub for surrogacy in the absence of any specific law regulating the sector. While it has led to mushrooming of various clinics facilitating surrogacy and related procedures, there were also foreigners commissioning surrogacy in India. This also led to several incidents of unethical practices, exploitation of surrogate mothers and abandonment of children born out of surrogacy.

The bill is aimed at keeping a check on such clinics while protecting many poor women from exploitation.

Health ministry – which framed the Bill – maintains it will not only protect women from abuse but will also ensure legal rights and protection of children born out of surrogacy.

According to the Bill, women within the age group of 23 years to 50 years and men aged between 26 and 55 years will be eligible to go in for surrogacy. The child, thus born, will be deemed to be the legal offspring of the intended couple. Also, a woman can be a surrogate only once in her lifetime.

The Bill also provides for constitution of surrogacy boards at national and state levels, as well as that the intending couples should not abandon such a child under any condition.