Commercial Surrogacy Banned in India - SURROGACY Law Passed in India

Listen to this News

Highlights:

• The new Surrogacy Regulation Bill passed recently in India bans commercial surrogacy as illegal in order to curb the exploitation of women through commercial surrogacy and stated that henceforth only altruistic surrogacy will be permitted
• Surrogacy is defined as a practice where a woman (surrogate mother) carries the baby in her womb for a childless couple with the agreement that the child will be handed over to them (intended parents) after birth
• In commercial surrogacy the surrogate mother undertakes surrogacy for monetary benefit. On the other hand, in altruistic surrogacy only medical and health care expenses associated with pregnancy and delivery are paid to the surrogate mother

The passing of the THE SURROGACY (REGULATION) BILL, 2018 in India on 19^th of Dec 2019in the Lok Sabha has been a major step to stop commercial surrogacy and prevent the exploitation of poor women by the affordable population, and frequent reports of exploitation of these women by fertility clinics as well as rich foreigners. The bill will constitute �National Surrogacy Board', �State Surrogacy Boards' and appointment of �Appropriate Authorities' for regulation of the practice and process of surrogacy. The bill has been enacted by Parliament in the 69^th Year of the Republic of India is a major step in the right direction. This bill extends to the whole of India except the State of Jammu and Kashmir.

Health Minister JP Nadda said that the bill addresses the concerns expressed by various sections sections of the society, political parties, as well as the Law Commission and the Supreme Court.

‘No surrogacy will be allowed for monetary benefit and only altruistic surrogacy will be possible in India. National and State Surrogacy boards are to be created and authorities will be appointed to regulate surrogacy and ensure that the established rules are followed by fertility clinics and hospitals.’

Previous minister of congress Kapil Sibal has said, �The government must adopt a rights-based approach that speaks to the needs and aspirations of surrogate mothers, children born out of surrogacy, and all individuals who want access to altruistic surrogacy services".

The Bill defines Infertility as the inability to conceive after five years of unprotected coitus or other medical condition preventing a couple from conception. This definition does not cover all cases in which a couple is unable to bear a child.

(https:dhr.gov.in/sites/default/files/surrogacyregbill_0.pdf)

Source: Medindia

Cite this Article ⇣⇡

Please use one of the following formats to cite this article in your essay, paper or report:

• APA

  Dr. Lakshmi Venkataraman. (2018, December 28). Commercial Surrogacy Banned in India - SURROGACY Law Passed in India. Medindia. Retrieved on Nov 26, 2024 from https://www.medindia.net/news/healthinfocus/commercial-surrogacy-banned-in-india-surrogacy-law-passed-in-india-184770-1.htm.

• MLA

  Dr. Lakshmi Venkataraman. "Commercial Surrogacy Banned in India - SURROGACY Law Passed in India". Medindia. Nov 26, 2024. <https://www.medindia.net/news/healthinfocus/commercial-surrogacy-banned-in-india-surrogacy-law-passed-in-india-184770-1.htm>.

• Chicago

  Dr. Lakshmi Venkataraman. "Commercial Surrogacy Banned in India - SURROGACY Law Passed in India". Medindia. https://www.medindia.net/news/healthinfocus/commercial-surrogacy-banned-in-india-surrogacy-law-passed-in-india-184770-1.htm. (accessed Nov 26, 2024).

• Harvard

  Dr. Lakshmi Venkataraman. 2018. Commercial Surrogacy Banned in India - SURROGACY Law Passed in India. Medindia, viewed Nov 26, 2024, https://www.medindia.net/news/healthinfocus/commercial-surrogacy-banned-in-india-surrogacy-law-passed-in-india-184770-1.htm.