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- Recently, the Lok sabha on Tuesday day passed the surrogacy (regulation) Bill 2019. The Bill prohibits commercial surrogacy,but allows altruistic surrogacy.
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.
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.
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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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- 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.