New Surrogacy Bill, 2016

Widespread condemnation of commercial surrogacy prevalent in India has also been regularly published in different print-and electronic media since last few years highlighting the need to prohibit commercial surrogacy and allow ethical altruistic surrogacy. The 228th report of the Law Commission of India has also recommended for prohibiting commercial surrogacy and allowing ethical altruistic surrogacy to the needy Indian citizens by enacting a suitable legislation. Against this background, the Union Cabinet on August 24, 2016 approved of the "Surrogacy (Regulation) Bill, 2016."

The Bill will regulate surrogacy in India by establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in the State and Union Territories. As per India Today, following are the important points of the Surrogacy (Regulation) Bill 2016 one should know:

According to the Bill, only Indian couples, who have been married for atleast 5 years can opt for surrogacy, provided at least one of them have been proven to have fertility-related issues. Only close relatives, not necessarily related by blood, will be able to offer altruistic surrogacy to the eligible couples. The new Bill has put a complete ban on commercial surrogacy. It also bans unmarried people, live-in couples and homosexuals from opting for altruistic surrogacy. Now, foreigners, even Overseas Indians, cannot commission surrogacy.

A woman can become a surrogate mother only for altruistic purpose and under no circumstances she will be paid for it, although payment can be made towards medical expenses. Surrogacy regulation board will be set-up at both Central and State-level. The law will be applicable to the whole of India, except for the state of Jammu and Kashmir.

All Assisted Reproductive Technology (ART) clinics will need to be registered. Surrogacy clinics will be allowed to charge for the services rendered in the course of surrogacy, but the surrogate mother cannot be paid. Commercial surrogacy, abandoning the surrogate child, exploitation of surrogate mother, selling/import of human embryo have all been categorised as violations that are punishable by a jail term of at least 10 years and a fine of up to Rs 10 lakh. Under the new bill, the clinics will have to maintain records of surrogacy for 25 years. The surrogate child will have the same rights of as that of a biological child.