Improvised Surrogacy Bill- 2016 passed

NP NEWS 24 ONLINE – In mid-October, the Supreme Court raised questions against the practice of commercial surrogacy. Later that month, the Centre responded with a ban on foreign couples hiring surrogates in India, permitting only altruistic surrogacy for infertile Indian couples.

On 19^th December, Lok Sabha passed the Surrogacy Regulation Bill tabled by Union Health Minister J P Nadda. He introduced as that those who would wish to opt for surrogacy will be required to submit their certificate of infertility within 90 days.

In response to his appeal, representative from AITC Dr. Kakoli Ghosh said, “SC has legitimised same-sex couples now. But there is no mention of them in this Bill. The doctors also know the demands from the transgender, same-sex couple. Two male couples require a surrogate mother; two female couples do not need it necessarily but we still have to include them in the bill.”

Surrogacy, is still a debateable topic and is banned in various countries. According to the Surrogacy Bill of 2016, it is mentioned that any close relative would be a surrogate mother but it is not specified what kind of relative?

The bill also adds that only a married blood relative, who must have herself borne a child, and is not an NRI or a foreigner, can be a surrogate mother, that too once in a lifetime.

The bill also aims to shut down surrogacy shops, allowing only altruistic surrogacy, which means that apart from the basic costs incurred in the process of childbirth, no other gratification (in cash or kind) shall be paid to the surrogate mother. It bans commercial surrogacy that allows compensation, exceeding the medical expenses of childbirth, to be paid to the surrogate mother.

Undertaking surrogacy for a fee, advertising it or exploiting the surrogate mother will be punishable with imprisonment for 10 years and a fine of up to Rs 10 lakh.