Government proposes complete ban on commercial surrogacy
A bill proposing a complete ban on commercial surrogacy and allowing only legally wedded Indian couples to opt for children through it was on Wednesday approved by the government to check unethical practices.
The Union Cabinet gave its nod to the introduction of the Surrogacy (Regulation) Bill, 2016 in Parliament, seeking a bar on unmarried couples, single parents, live-in partners and homosexuals from opting for surrogacy.
The move that is aimed at curbing unethical practices in the country which was emerging as a hub of commercial surrogacy. The bill has a provision for a jail term upto ten years and a fine of Rs 10 lakh for violations, such as abandoning the child and opting for commercial surrogacy.
“The new bill proposes a complete ban on commercial surrogacy in the country and will allow only legally wedded Indian couples married for at least five years to have children through surrogacy.
“Foreigners as well as NRIs and PIOs who hold Overseas Citizens of India (OCI) cards have been barred from opting for surrogacy,” external affairs minister Sushma Swaraj told reporters after the meeting.
“Unmarried couples, single parents, live-in partners and homosexuals cannot opt for surrogacy as per the bill. Legally wedded couples who have been married for at least five years, can opt for surogacy,” she said.
Only “close relatives” of couples seeking children will be allowed to be surrogate mothers. A woman who offers her womb for the purpose, will be able to do so only once as per the bill. The woman wanting a child through the method will be the mother as per the proposed law. There is a provision under the measure for a contract to clear any ambiguity.
Only altruistic surrogacy will be allowed in a regulated form with some condition, the bill said. A woman seeking a surrogate child should between 23 and 50 years in age and her husband should be between 26 and 55 years. A surrogate child will have equal right as any other biological or adopted child over property, Swaraj said.