The Surrogacy (Regulation) Bill, 2019

by Rohit Raj and Preeti Singh Bhadoria

“There is nothing more beautiful than someone who goes out of their way to make life beautiful for others.”   Mandy Hale

The bill was presented by the Minister of Health and Family Welfare by Dr. Harsh Vardhan in Lok Sabha on 15th July 2019. The Bill characterizes surrogacy as a practice where a lady gives birth to a child for an intended couple with the deliberate to hand over the child after the birth to the expecting couple.

Regulation of surrogacy

The Bill denies commercial surrogacy but permits benevolent surrogacy. Altruistic surrogacy includes no money related compensation to the surrogate mother other than the medical costs and insurance coverage during the pregnancy.

Commercial surrogacy incorporates surrogacy or its related strategies attempted for a money related advantage or compensate (in cash or kind) surpassing the essential restorative costs and insurance scope.

Purposes for which surrogacy is allowed

Surrogacy is allowed when it is: 

  • For intending couples who endure from proven infertility.
  • Benevolent.
  • Not for commercial purposes.
  • Not for creating children for deal, prostitution or other forms of exploitation.
  • For any condition or illness indicated through regulations.

Eligibility criteria for intending couple

They need to have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate specialist.

Eligibility criteria for surrogate mother

 To get a certificate of qualification from the appropriate specialist, the surrogate mother has got to be:

  • A near relative of the plans couple.
  • A hitched lady having a child of her possess.
  • 25 to 35 years old.
  • Surrogate only once in her life.
  • Have a certificate of medical and psychological wellness for surrogacy. Further, the surrogate mother cannot give her claim gametes for surrogacy.

A certificate of essentiality will be issued upon satisfaction of the taking after conditions

  • A certificate of demonstrated infertility of one or both members of the plans couple from a District Medical Board.
  • Arrangement of parentage and custody of the surrogate child passed by a Magistrate’s court.
  • Protection coverage for 16 months covering postpartum delivery complications for the surrogate. 

 The certificate of eligibility to the intending couple is issued upon fulfilling the requisite conditions 

  • The couple being Indian citizens and hitched for at slightest five a long time.
  • Between 23 to 50 years old (spouse) and 26 to 55 years old (spouse).
  • They don’t have any surviving child (organic, adopted or surrogate); this would not include a child who is rationally or physically challenged or endures from life debilitating disorder or lethal sickness.
  • Other conditions will be specified by regulations.

Appropriate authority

 The central and state government appoints one or more suitable authorities within 90 days of the Bill getting to be an Act. The capacities of the suitable authority incorporate;

  • Allowing, suspending or canceling the registration of surrogacy clinics
  • Upholding standards for surrogacy clinics
  • Examining and taking activity against breach of the provisions of the Bill
  • Prescribing alterations to the rules and regulations.

Enrolment of surrogacy clinic

Surrogacy clinics cannot attempt surrogacy related strategies unless they are enrolled by the fitting specialist. Clinics must apply for enrolment inside a period of 60 days from the date of the arrangement of the fitting authority. 

Capacities of the NSB incorporate

  • Exhorting the central government to approach things relating to surrogacy.
  • Keeping the code of the conduct of surrogacy clinics.
  • Overseeing the working of SSBs.

Parentage and Fetus removal of the surrogate child

A child born out of a surrogacy strategy will be regarded to be the natural child of the intended couple. An abortion of the surrogate child requires the composed consent of the surrogate mother and the authorization of the suitable authority. This authorization must be there with the Medical Termination of Pregnancy Act, 1971. Further, the surrogate mother will have an alternative to pull back from surrogacy sometime recently the developing life is embedded in her womb. 

Offenses and punishments

The offenses beneath the Charge incorporate: 

  • Undertaking or promoting commercial surrogacy.
  • Abusing the surrogate mother.
  • Abandoning, misusing or repudiating a surrogate child.
  • Offering or bringing in human fetuses or gametes for surrogacy. The punishment for such offenses is detainment up to 10 a long time and a fine up to 10 lakh rupees. The charge indicates an extension of offenses and punishments for other repudiations of the provisions of the Bill.

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