Post Date: Friday, August 26, 2016
India gets the Surrogacy (Regulation) Bill, 2016
This Union Cabinet this week passed the Surrogacy Regulation Bill (2016). Surrogacy is one of the techniques under the umbrella of Assisted Reproductive Technologies which are designed to increase the fertility and chances of conceiving. It has grown over the last two decades to the extent that it witnessed rapid increase in technology assisting reproduction. It grew as an industry devoid of regularisation and standardisation of cost and procedures. It catered not only Indian nationals but even foreigners saw India as a favourable land to have surrogate babies due to the low cost procedure.
The surrogacy industry benefited not only the couples but the ‘fertility clinics’ and the surrogate mothers, who come from poor economic backgrounds. As much as it bought financial benefits to the surrogate mother, which is multi fold of what they or their husband could earn undertaking normal jobs, a number of cases of violations also came to the fore. The commissioning couple would abandon the new born if s/he has diseases or on the basis of the sex and other reasons. This would leave the surrogate mother with a burden of an unwanted child and the upbringing. Frequent and ill-spaced pregnancies would also impact the surrogate mother’s health adversely.
The recently passed bill, separating surrogacy from the Assisted Reproductive Technologies Bill, restricts the commercialisation of surrogacy. It also has key aspects which protects woman’s reproductive health.
Key aspects of the Bill
1. The draft surrogacy Bill aims at regulating commissioning of surrogacy in the country in a proper manner.
2. As per the 2009 Law Commission Report, the assisted reproduction treatment industry is Rs. 25,000 crore industry.
3. The Bill aims to prevent exploitation of women, especially those in rural and tribal areas.
4. The Bill promises to ensure parentage of children born out of surrogacy is “legal and transparent.”
5. The new Bill proposes complete ban on commercial surrogacy.
6. As per the Bill, only legally-wedded Indian couples can have children through surrogacy, provided at least one of them have been proven to have fertility-related issues.
7. Foreigners, even Overseas Indians, are barred from commissioning surrogacy.
8. A woman will be allowed to become a surrogate mother only for altruistic purpose and under no circumstances money shall be paid to her, except for medical expenses.
9. Unmarried couples, single parents, live-in partners and homosexuals cannot opt for surrogacy as per the new bill.
10. Surrogacy regulation board will be set-up at Central and State-level.
Read the full news article here: http://indianexpress.com/article/lifestyle/health/draft-surrogacy-bill-2016-what-is-surrogacy-all-you-need-to-know-2994140/
www.thehindu.com/news/national/cabinet-clears-surrogacy-bill/article9025848.ece
http://projects.hindustantimes.com/
Litigation
- Presentations from the Two Day Webinar on Reproductive Rights on 23rd & 24th of May, 2020
- Patna High Court: Ration facility for all transgender persons
- Nikhil Datar vs. Union of India: A long drawn struggle
- Patna High Court gives favourable order in response to the PIL on water logging in the state
- Guwahati High Court delivers landmark judgement; Department of Health and Family Welfare to pay Twenty Five Lakh Rupees to Petitioner in Nagaland
Fact Finding
- Presentations from the Two Day Webinar on Reproductive Rights on 23rd & 24th of May, 2020
- Report on the State level Consultation in Arunachal Pradesh on 2nd & 3rd November, 2019
- Sexual and Reproductive Health Rights Dictionary
News
- Report of the two day webinar on ‘Access to Reproductive Justice’ on 23rd & 24th May, 2020
- Report of the National level consultation on Trans people and women’s issues- 28th & 29th December, 2019
- Nikhil Datar vs. Union of India: A long drawn struggle