Bill Making Surrogacy Only For Couples Who Cannot Conceive Passed In The Lok Sabha

The Lok Sabha has passed the Surrogacy(Regulation Bill) seeking a complete ban on commercial surrogacy in India.

The bill, which was introduced in 2016 was passed with a voice vote on Wednesday.

Under the proposed act, henceforth, only altruistic surrogacy, which is surrogacy services given by a person who is genetically related to either of the intending parents, without any monetary consideration will be allowed. Also, a woman can be a surrogate only once in her lifetime.

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It also states that only couples who cannot conceive will be allowed surrogacy and makes it clear that singles, homosexuals and live-in couples cannot apply for surrogacy.

Couples wanting surrogacy should be legally married for at least five years and should produce a certificate from a doctor stating that they are medically unfit to produce a child.

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Women within the age group of 23 years to 50 years and men aged between 26 and 55 years will be eligible to go in for surrogacy.

Additionally, it restricts availing the service of a surrogate to Indian citizens. Even NRIs and PIOs cannot use a surrogate mother.

This effectively bans commercial surrogacy in India, where often foreign nationals, celebrities and others have used the service of a surrogate mother to have children.

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In fact, ever since 2002, when the practice became legal in India, the country has become the global hub of commercial surrogacy.

Often women who come from poor backgrounds were used as surrogates, paying them a meagre amount.

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There have also been many instances, where even foreign couples have abandoned their children after the surrogate mother gave birth, leaving their future in question. But according to the new bill, the child born through surrogacy will be deemed legal offspring of the couple.