SURROGACY (REGULATION) BILL 2019-DETAILED ANALYSIS
Surrogacy (Regulation) Bill was passed by Lok Sabha on 19th Dec 2018. The bill was introduced in 2016 by the current BJP govt.
The motto of the surrogacy bill was to ban commercial surrogacy and only permit surrogacy for married couples that are medically proven infertile. The Bill was passed by Lok Sabha on 19th Dec 2018. The bill was introduced in 2016 by the current BJP govt. The Surrogacy Regulation Bill was introduced and passed by Lok Sabha, the lower house of the Indian parliament, proposing to permit only Indian heterosexual couples married for at least five years with infertility problems to access altruistic or unpaid surrogacy and thereby banning commercial surrogacy.
The Surrogacy (Regulation) Bill, 2019 was introduced by the Minister of Health and Family Welfare, Dr. Harsh Vardhan in Lok Sabha on July 15, 2019. The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after birth to the intending couple.
What is Surrogacy Regulation Bill-2019?
The Bill prohibits commercial surrogacy but allows altruistic surrogacy. Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy. Commercial surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.
Surrogacy is permitted when it is:
- For intending couples who suffer from proven infertility; the intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.
- Altruistic; Meaning which doesn’t involve financial benefits for a couple or the institution carrying out the surrogacy.
- Not for commercial purposes;
- Not for producing children for sale, prostitution or other forms of exploitation; and
- For any condition or disease specified through regulations.
Surrogacy Bill-Cons
- As there is a demand for surrogate mothers and the bill is too strict, more illegal surrogacy’s will take place leading to further exploitation of surrogate mothers.
- To make surrogacy happen, hospitals, doctors and everyone involved get paid for their work, and the couple will get a child. And here the only loser is the surrogate mother. She loses her work for a few months and she goes through labor pain and probable medical complications, but she has to be altruistic and should do all this for free, according to this bill.
- This bill did not mention about the situation of surrogate mothers who are already going through the commercial surrogacy.
Surrogacy Bill-Positive Side
- Surrogacy bill banned commercial surrogacy and hence prevents the usage of the womb as a commodity.
- It has a clause of parentage order, which means a couple that goes for surrogacy cannot abandon the newborn. There are many cases of foreign couples who abandoned the newborn due to medical issues of child and visa issues etc, which causes a financial and emotional burden on surrogate mothers.
- With this bill, a woman can opt for surrogacy only once in her lifetime, which is a good thing considering the exploitation of women. Many clinics are offering money to women to become surrogate mothers for multiple times, which will eventually deteriorate their health.
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