Surrogacy Bill 2016 prohibiting commercial surrogacy passed by the Lok Sabha

• The Lok Sabha on December 19, 2018 passed the Surrogacy (Regulation) Invoice, 2016 which is aimed at prohibiting commercial surrogacy and unethical practices relating to it.

• The moment the Monthly bill is enacted by the Parliament, the Nationwide Surrogacy Board will be constituted.

• The States and Union Territories will constitute the Condition Surrogacy Board and Condition Suitable Authorities within just three months of the notification by the Union Federal government.

Definition of Surrogacy as for each Surrogacy (Regulation) Bill, 2016

• As for each the Invoice, Surrogacy is outlined as “an exercise whereby one particular female carries the youngster for another with the intention that the boy or girl should really be handed around immediately after delivery”.
• Surrogacy may perhaps be altruistic or industrial in mother nature. Altruistic surrogacy requires an arrangement in which the couple does not spend the surrogate mother any payment other than the health-related and insurance plan expenditures linked to the pregnancy.

• Business surrogacy consists of compensation in dollars or variety paid out to the surrogate mother.

Provisions of the Surrogacy (Regulation) Bill, 2016

• The intending couple should be Indian citizens and married for at the very least five years with at minimum 1 of them remaining infertile.

• It permits surrogacy only for partners who cannot conceive a youngster.

• The surrogate mom has to be a ‘close relative’ of the intending few.

• No payment other than acceptable clinical fees can be built to the surrogate mom.

• The surrogate kid will be regarded as the biological boy or girl of the intending couple.

• Central and point out governments will appoint suitable authorities to grant eligibility certificates to the intending couple and the surrogate mother.

• The Monthly bill prohibits professional surrogacy, would make it a punishable offence.

Suitable authority and its functions

• The central and state governments will appoint a person or more suitable authorities.

• The ideal authority includes the Joint Director of the Condition Overall health Department, an officer of the Point out Law Division, a health-related practitioner, and an eminent girl.

• The features of the proper authority include:

• Granting, suspending or cancelling the registration of surrogacy clinics

• Enforcing criteria for surrogacy clinics and

• Investigating and using action versus issues of breach of the Act.

Registration of surrogacy clinics

• Surrogacy clinics simply cannot undertake surrogacy or its similar procedures unless they are granted registration by the suitable authority.

• Clinics will have to use for registration in an interval of 60 days from the day of appointment of the suitable authority.

• This application will be accepted or turned down in 90 days.

• No human embryo or gamete can be saved by a surrogacy clinic for the reason of surrogacy.

• The Invoice prohibits professional surrogacy helps make commercial surrogacy, its advertisement, and exploitation of the surrogate mother a punishable offence with imprisonment for 10 a long time and a fine of up to Rs 10 lakh.


Mains Paper 2: Polity

Prelims level: Surrogacy Bill

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