9 Facts from the draft surrogacy bill that you need to know
The bill is to safeguard the rights of surrogate mother. The Union Cabinet on Wednesday cleared the draft surrogacy Bill 2016. This is to prevent the unethical practices, exploitation of surrogate mothers and commercialization of surrogacy. The draft has been cleared by Group of Ministers (GoM). The bill if approved will be applicable to all the Indian states except for Jammu and Kashmir.
The bill has the following conditions, after the conditions have been met will the candidate be allowed for surrogacy and there are restrictions on who can be surrogate mother. There is an exact definition for the couple that is in “need” of the surrogacy.
- Banning commercialization of surrogacy-commercial surrogacy has been completely banned. It was in a rage to by foreign nationals to opt for Indian surrogate mother and this was risking the life of a mother and the child.it had become a growing industry so it was completely stopped rather than putting in some checks or regulations.
- Cannot pay the surrogate mother-The surrogate mother will not take any payment for helping the couple in ‘need’. Only the medical bills of the surrogate mother can be paid.
- No Indian surrogate mother for foreign nationals- the foreign residents or even the NRIs cannot take the help of an Indian surrogate mother.
- Only close relative can be surrogate- only a close relative of the infertile married mother can become the surrogate mother but again she will not be paid.
- Surrogacy is legal for infertile Indian couples- a heterosexual married couple with clinically “proven infertility’ can opt for surrogacy. Homosexual couples cannot opt for surrogacy and even live-in-partners, single men or women are also not allowed surrogacy.
- A span of marriage- the couple who is trying for surrogate mother should be married for 5 years and the age of man should be 26 to 55 and for a woman, it should be 23-50 years old.
- If you have a child surrogacy is not for you- if you have a child be it biological or adopted you cannot opt for another child via surrogacy.
- It is allowed for once- if you have a surrogate child you cannot opt for another surrogate child. However, if a woman has been a surrogate mother once she can opt for second surrogacy also.
- Regulatory bodies- it has been proposed to have an overall view in the matter of surrogacy a board at the central level will be formulated.