Central Government proposes complete ban on commercial Surrogacy

Central Government proposes complete ban on commercial Surrogacy. 

The Union Cabinet gave its nod to the introduction of the Surrogacy (Regulation) Bill, 2016 in Parliament, seeking a bar on unmarried couples, single parents, live-in partners and homosexuals from opting for surrogacy. A Bill proposing a complete ban on commercial surrogacy and allowing only legally wedded Indian couples to opt for children through it has been approved by the Central Government. The move is aimed at curbing unethical practices in the country, which was emerging as a hub of commercial surrogacy. 

The Bill, in effect, bars unmarried couples, single parents, live-in partners and homosexuals from opting for surrogacy. The bill has a provision for a jail term upto ten years and a fine of Rs 10 lakh for violations, such as abandoning the child and opting for commercial surrogacy. 

Even the legally wedded Indian couples have to be married for at least five years to have children through surrogacy. Foreigners as well as NRIs and PIOs who hold Overseas Citizens of India cards have been also barred from renting out wombs.

Again, only “close relatives” of couples seeking children will be allowed to be surrogate mothers. A woman who offers her womb for the purpose will be able to do so only once as per the proposed legislation. The woman wanting a child through the method will be the mother as per the proposed law. There is a provision under the measure for a contract to clear any ambiguity. 

Only altruistic surrogacy will be allowed in a regulated form with some conditions. Another stipulation is that a woman seeking a surrogate child should be between 23 and 50 years of age and her husband should be between 26 and 55. Again, a surrogate child will have equal rights as any other biological or adopted child over property. 

Under the Bill, the procedure has been allowed for necessity and not as fondness or fashion. It also seeks to set up National Surrogacy Board at the Central level as well as in States and Union Territories. 

The bill, which will come up for consideration in Parliament during the Winter Session, aims to safeguard the rights of Surrogate mothers and make parentage of such children legal.