Surrogacy Regulation Bill

Introduction

We learned about the technical information related to surrogacy and its types in our previous article Surrogacy. Also, due to this, the reasons for the dispute between the couple and the surrogate mother should also be known. The main objective of bringing the Surrogacy Regulation Bill is to ban commercial surrogacy. Because there was no concrete law in India regarding surrogacy, India was becoming a favorite destination for foreigners, and at the same time the surrogate mother was facing many difficulties.

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Why was the Surrogacy Regulation Bill Introduced ?

In the surrogacy process, a legal agreement is signed between the couple and the surrogate mother. Due to no special provision related to surrogacy in India and being cheap, it was becoming a suitable place for foreign couples. According to a report, about 80% surrogate mothers in India give birth to children for foreigners. Surrogacy Regulation Bill was brought to solve the problems arising out of surrogacy in India. Through this, efforts have been made to ban commercial surrogacy and unethical activities related to it.

Surrogacy Regulation Bill 2019

The parents of the person born in surrogacy process are legally the couple who have done surrogacy. The Surrogacy Regulation Bill 2019 was passed by the Lok Sabha on 19 December 2018 and sent to the Rajya Sabha. Rajya Sabha sent this bill to a select committee to remove some flaws. Apart from this, the Surrogacy Regulation Bill 2019 has also been ordered to form Surrogacy Board and appoint officers. In this, it was proposed to set up a National Surrogacy Board at the national level and a State Surrogacy Board at the state level.

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Following are the main points of the Surrogacy Bill passed by the Lok Sabha –

Terms & Conditions for the Couple

• It is necessary for the couple to be Indian citizens.
• The couple must have been married for at least five years.
• Out of the couple, the age of the wife should be 23 – 50 years and the age of the husband should be 26 – 55 years.
• The couple should have a certificate that both or either of them are infertile, incapable.
• The couple should not have their own or adopted or surrogate child. If there is a child who is not mentally healthy or is suffering from any serious illness or is disabled. So in such a situation they can be exempted.
• The couple should be a close relative of the surrogate mother.
• The couple will have to get life insurance for the surrogate mother for 16 months.
• The couple will have to bear the medical expenses and other expenses of the surrogate mother.
• The parents of the child born through surrogacy must be a legal couple.

Terms & Conditions for Surrogate Mother

• Surrogate mother should be married.
• He should have his own child.
• His age should be between 25 – 35 years.
• He should not have any other surrogate child.
• She should have a certificate of complete fitness to become a surrogate mother.

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Punishment for Breaking the Rules 

• The provisions of surrogacy have been made very stringent by the Surrogacy Regulation Bill. If the couple or the surrogate mother violates the law, they can be punished for at least 5 years and 10 years, respectively. Along with this, a fine ranging from Rs 5 lakh to Rs 10 lakh can also be imposed.
• If any medical practitioner or hospital violates these rules, then a minimum sentence of 5 years and a fine of up to Rs 10 lakh can be imposed.
• If any dispute arises regarding the custody of the child born out of surrogacy, its decision will be passed by the Magistrate of the first class or above.

Surrogacy Regulation Bill 2020

On December 19, 2018, the bill passed by the Lok Sabha was sent to the Rajya Sabha for passage, which was sent to the Select Committee by the Rajya Sabha for some amendments. Accepting the recommendations of the Select Committee, it was passed by the Rajya Sabha. This bill was called the Surrogacy Regulation Bill 2020. The main points of this bill are as follows –

• The main objective of this bill is to ban commercial surrogacy and allow ethical and altruistic surrogacy.
• According to this bill, commercial surrogacy including sale and purchase of human embryos will be prohibited.
• Childless couples can be allowed on fulfilling the conditions of ethical surrogacy.
• In this, the word 'close relative' of the Surrogacy Regulation Bill 2019 has been removed. In the bill of Surrogacy Regulation Bill 2020, the word 'willing' has been added in its place. That is, willing women can become surrogate mothers. Apart from widows and divorced women, childless Indian couples will get benefit from this.
• According to this bill only Indian couple can opt for surrogacy.
• There will be no gender selection in the process of surrogacy.
• Provision of various security measures including insurance coverage for surrogate mother has been made in this bill.
• The life insurance cover of the surrogate mother has been increased from 16 months to 36 months.
• To regulate all the surrogacy clinics in the country, it will be mandatory for them to be registered by the prescribed authority.
• The willing couple will not leave the child born out of surrogacy under any circumstances. The newly born child shall be entitled to all the rights which are available to a naturally born child.

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