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What is surrogact (Regulation) Bill 2016?

Need of the bill

  • India, for couples has emerged as a surrogacy web from other countries.
  • But, reports of unethical practices,exploitation of surrogate mothers, rackets, and abandonment of children born out of surrogacy have been increased.
  • Hence, it was necessary to form laws to curb these practices. The same is recommended by 228th report of the law commission of India.

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Features of surrogacy bill

  • Provide at the constitution of the surrogacy boards at the national as well as state levels.
  • Allow edethicalaltruistic surrogacy to the intending infertile Indian married couple between age of a 23 to 50 years to female 26-55 years for male.
  • Only Indian married couple who have legally married of at least 5 years would be allowed to opt for surrogacy.
  • couple must obtain certificate of eligibility and certificate of essentiality
  • Bill provides for various safeguards for surrogate mothers.
  • Seeks to regulate functioning of surrogacy clinics.
  • It also specify no sex selection can be done.
  • The new born child shall be entitled to all rights and privileges that are available to a natural child.


Issues with the Bill

  • Includes contracting a “close relative “as a surrogate but bill does not define close relative.
  • No mention of non-resident Indian who are women of studying abroad and want to come home to have a baby.
  • It leaves out lot of people who may want to have a baby though surrogacy, like single men, women, homosexual couples.
  • Prohibits “fashion surrogacy”.

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Way forward

  • It bans on commercials surrogacy but fails to tackle the social, physical, economic issues.
  • To the issues regulation of surrogacy tackle must be preceded by law on Assisted Reproductive Technology.
  • Surrogacy must be made inclusive for all class of people.

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