The Lok Sabha has passed the Surrogacy
(Regulation) Bill, 2019. The bill aims to regulate the practice and process of surrogacy
The objectives of the bill are to: a) ensure
effective regulation of surrogacy, b) prohibit commercial surrogacy and c)
allow ethical altruistic surrogacy to the needy infertile Indian couples on
fulfilment of conditions.
It defines surrogacy as a practice where a woman
gives birth to a child for an eligible couple and agrees to hand over the child
to them after the birth.
It allows altruistic surrogacy. Altruistic
surrogacy involves an arrangement where the couple does not pay the surrogate
mother any compensation other than the medical and insurance expenses related
to the pregnancy.
The bill prohibits commercial surrogacy which includes
compensation (in cash or kind) paid to the surrogate mother, which exceeds the
reasonable medical expenses associated with the pregnancy.
The bill mentions that the couple intending to
commission a surrogacy arrangement must be a close relative of the surrogate
mother. The surrogate mother has to married with a child of her own, in the age
bracket of 25 to 35 years old, and should not have been a surrogate mother
Further, the couple should be Indian citizens who
have been married for at least five years and are in the age group of 23-50
years (female partner) and 26-55 years (male partner). They also need secure a
medical certificate stating that either or both partners are infertile
The couple also should not have any surviving
child (whether biological, adopted or surrogate), except if the surviving child
is mentally or physically challenged or suffers from a fatal illness.
The bill states any child born out of a surrogacy
procedure shall be the biological child of the intending couple. Also, the
child will be entitled to all rights and privileges that are available to a
The Bill proposes to regulate surrogacy in India
by establishing a National Surrogacy Board at the central level and state
surrogacy boards and appropriate authorities in the state and Union Territories.