In a bid to put an end to the “surrogacy industry", the cabinet cleared the surrogacy (regulation) bill that proposes a complete ban on the 'rent-a-womb' trade, barring foreigners, single persons and divorcees from opting for surrogate births.
Making commercial surrogacy illegal, the bill proposes "altruistic surrogacy" that will be restricted to married Indian couples with a biological or adopted child and only through a close relative as the surrogate mother. The bill will go through further consultations as the legislation will be scrutinised by a Standing Committee of Parliament.
The bill is a response to India emerging as a hub for surrogacy with official sources saying estimates put the number of surrogacy clinics across the country at 3,000 and at least 2000 surrogate births taking place annually. The surrogacy business is estimated at Rs 900 crore in India. Now clinics will have to be registered under the new law. Seeking to regulate the surrogacy business that has given rise to concerns of commercial exploitation of poor women who bear children for rich clients, the bill requires prospective couples to be wedded for at least five years and for one partner to be proven infertile.
Briefing the media, external affairs minister Sushma Swaraj said, "Foreigners as well as NRIs and PIOs who hold Overseas Citizens of India (OCI) cards have been barred from opting for surrogacy."
Swaraj also slammed celebrities for opting for surrogacy out of "fashion" and said, "Celebrities who not only have one but two children, a son and a daughter, have gone ahead with surrogacy."
The government is clear that surrogacy is only for those who need it and will not be permitted for reasons such as avoidance of labour pain.
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