Indian Government's Surrogacy Bill 2019 || Everything You Need to Know

Recently the Lok Sabha has passed the Surrogacy Bill, 2019 which is initiated by Indian Union Health Minister, Harsh Vardhan. The recently passed bill basically deals with the regulation of surrogacy in the nation of India but at the same time complete stop to the practice of surrogacy for commercial purposes which were going on widely. In this article, we are going to discuss everything you need to know about it.

What exactly the bill is

The bill looks up to maintain a very unselfish surrogacy, which will be a selfless arrangement for the surrogate mother where it promises to provide only the medical expenses and the insurance cover to the surrogate mother, and there won't be any reason for any other kind of monetary reward. By the virtue of Section 4, this bill allows the practice of surrogacy only in cases of proven infertility. And the bill prohibits surrogacy for any kind of illegal practices such as keeping children for sale, or for prostitution or other type of illegal child exploitation.

Criteria of Eligibility to undertake Surrogacy

The Surrogacy bill requires for composing a National Surrogacy Board and also State Surrogacy Boards under the Chapter V, for the regulation of practising surrogacy. Not only this but it also requires to appoint other required authorities who will be authorised to issue the 'certificate of essentiality' and 'certificate of eligibility' to the couples who are intending to take surrogacy under the Section 4 of the Surrogacy Bill.

The certificate of essentiality will only be given to the couples who holds:

• A certificate which will prove the infertility from a District Medical Board.
• An order of bearing parentage and also the custody of the surrogate child from a Magistrate's court.
• To provide an insurance cover for the surrogate mother for about a period of 16 months.

A certificate of eligibility will only be given to the couples:

• To the Indian citizens who are married for at least 5 years of period.
• The age also matters, the wife should be aged between 23 to 50 years and the husband should be aged between 26 to 55 years.
• The couple who don't currently have any of their own surviving child, either biological, adopted or surrogate, without including if it's a special child or a child who's suffering from life threatening illness.

Criteria of Eligibility of Surrogate Mother

Not only for the intended couple but the Section 4 of the bill also brings down certain eligibility criteria for a surrogate mother and these are the criteria she is bound to have in order to possess a certificate of eligibility from the appropriate authority.

• The surrogate mother must be a close relative of the intending couple.
• The surrogate mother must be a married woman who's having a child of her own.
• She must be aged between 25 to 35 years.
• The mother must be practicing surrogacy only once in her lifetime.
• She must be in possession of a certificate of medical and psychological fitness for surrogacy.

Issues regarding Protection of the Surrogate Child

Under the Section 7 of the Surrogacy bill which states absolute prohibition on leaving or deserting a child born after the practice of psurrogacy, be it for whatever reason. Alongside, the surrogate child should be considered to be the biological child of the intending couple.

Moreover, the Chapter IV of the Surrogacy bill authorizes that no surrogacy clinics shouldl operate the practice without the required registration, which are granted by the appropriate authority. Also aborting a surrogate child without having any written consent of the surrogate mother and the authorization of the appropriate authority is strictly prohibited. But, however the surrogate mother can have the option to withdraw from the practice of surrogacy before the embryo is actually implanted in her womb.

Offences for violating rules and regulations

Under the Section 35 of the Surrogacy bill which orders for a punishment of imprisonment up to 10 years and also a fine up to amount Rs. 10 lakh if a person is found to

• If involved in advertising surrogacy for commercial purposes.
• Any kind of exploitation on the surrogate mother.
• In case of leaving or abandoning even if exploiting the surrogate child.
• Doing business by selling or trying to import the human embryo for purpose of surrogacy.

Major drawbacks

The surrogacy bill passed by the lol Santa has given a definition of infertility which is only restricted to the inability of conceiving child but does not take into account its other reasons such as the case where a woman is able to conceive not able to carry a child through the period of the pregnancy.

The Surrogacy bill also does not explains the definition of "a close relative" exclusively which leaves any opportunity for certain kind of. manipulation and inclusions from someone else with some bad intentions.

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Hi, I'm Nonisha Das from Coochbehar. I'm currently pursuing B.A Hons in English literature. I love reading novels. And, I want to make a positive impact on our society with whatever I will be doing in future. My hobbies include singing, painting and traveling.