The Union Cabinet cleared the Surrogacy (Regulation) Bill, 2016 and proposed the complete ban on commercial surrogacy in India. The new bill allows only legally wedded Indian couples to opt for the practice for children.

The Surrogacy (Regulation) Bill, 2016, bars foreigners, people in live-in relationships, single individuals, homosexual couples and unmarried couples from opting the surrogacy.

The move 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.

According to the new bill, external affairs minister Sushma Swaraj, said that, "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."

"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 surrogacy," she said.

The bill allowed only "close relatives" of couples seeking children 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 minister said that, India having over 2,000 surrogacy clinics, there was need to regulate the practice and only altruistic surrogacy will be allowed as per the bill.

Taking a jibe at celebrities like Shah Rukh Khan and Aamir Khan, who had children by way of surrogacy, Ms Swaraj said that, “rich people outsource pregnancies to poorer women because their wives cannot go through labour pain. We have put a complete stop to celebrities who are commissioning surrogate children like a hobby, despite having biological ones.”

“We have given 10 months during which pregnancies under way now can be seen through and the babies delivered to the commissioning parents. After that all clinics will have to adhere to these new laws once Parliament passes the Bill in the next session,” said J.P. Nadda, Health Minister.

Key aspects of the Bill:

1. The draft surrogacy Bill aims at regulating commissioning of surrogacy in the country in a proper manner.

2. As per the 2009 Law Commission Report, the artificial reproduction treatment industry is Rs. 25,000 crore industry.

3. The Bill aims to prevent exploitation of women, especially those in rural and tribal areas.

4. The Bill promises to ensure parentage of children born out of surrogacy is “legal and transparent.”

5. The new Bill proposes complete ban on commercial surrogacy.

6. As per the Bill, only legally-wedded Indian couples can have children through surrogacy, provided at least one of them have been proven to have fertility-related issues.

7. Foreigners, even Overseas Indians, are barred from commissioning surrogacy.

8. A woman will be allowed to become a surrogate mother only for altruistic purpose and under no circumstances money shall be paid to her, except for medical expenses.

9.Unmarried couples, single parents, live-in partners and homosexuals cannot opt for surrogacy as per the new bill.

10.Surrogacy regulation board will be set-up at Central and State-level.

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Nandini