How Surrogacy Regulation Bill 2019 has drastically changed the landscape of the ART domain in India?

Over the years, surrogacy in India has been the centre point of many intended parents worldwide. Still, with the surrogacy bill in 2019 coming into practice, this notion has changed drastically. As of now, surrogacy is only available to the local Indian citizens upon the fulfillment of the pre-defined criteria.

Moreover, this bill aimed to establish a comprehensive regulatory framework for surrogacy in India. However, it is important to emphasize that the bill had not been enacted into law at the time of my last update, and its status may have changed.

Key provisions of the Surrogacy (Regulation) Bill, 2019

Eligibility of Intended Parents

The Surrogacy (Regulation) Bill, 2019, proposed specific eligibility criteria for intended parents seeking surrogacy arrangements in person or via a surrogacy clinic in India. Moreover, based on the Surrogacy (Regulation) Bill, 2019, the proposed eligibility criteria for intended parents included:

The new surrogacy laws in India stipulated that intended parents must be Indian citizens to be eligible for surrogacy arrangements in India.

It further required intended parents to be married for at least five years before seeking surrogacy. So, it is important to note that the bill did not specify the type of marriage, which may have implications for same-sex couples.

The bill proposed an age limit for intended parents, stating that the female intended parent should be between the ages of 23 and 50, while the male intended parent should be between 26 and 55. Moreover, these age limits aimed to ensure the physical and mental well-being of the intended parents.

It also emphasized the importance of medical fitness for intended parents. Moreover, it required them to provide a certificate of medical fitness from a prescribed authority stating that they were physically and mentally capable of undertaking parenthood through surrogacy.

Altruistic Surrogacy

The Surrogacy (Regulation) Bill, 2019, proposed to regulate surrogacy as an altruistic practice in India. Altruistic surrogacy refers to a surrogacy arrangement where the surrogate mother does not receive financial compensation beyond her medical expenses and insurance coverage related to the surrogacy process. Furthermore, these new surrogacy laws in India aimed to shift the focus of surrogacy in India from a commercial arrangement to one based on compassion and support.

 Additionally, the bill recognized the need to provide for the medical and other reasonable expenses incurred by the surrogate mother during the surrogacy process. Furthermore, these expenses typically include surrogacy cost India directly associated with the pregnancy, such as prenatal care, hospitalization, medications, and insurance coverage for the surrogate mother.

 The bill further aimed to prohibit commercial surrogacy in India, where surrogates receive significant financial compensation beyond their reasonable expenses. Besides, the intention was to prevent exploitation and ensure that surrogacy is motivated by altruistic intentions rather than financial gain.

 It also stated that the surrogate mother would not have any parental rights over the child born through surrogacy. Besides, the intended parents would be recognized as the legal parents from the birth of the child, subject to obtaining a parental order or other legal mechanisms as per the provisions of the bill.

 The proposed shift towards altruistic surrogacy in India aimed to prioritize the welfare and wellbeing of all parties involved, including the surrogate mother, intended parents, and the child. Also, by focusing on compassionate motives and eliminating financial exploitation, the bill sought to regulate and protect the interests of all stakeholders in the surrogacy process

Formation of National Surrogacy Board

The Surrogacy (Regulation) Bill, 2019, proposed the establishment of a National Surrogacy Board as a regulatory body to oversee and monitor surrogacy arrangements in India. The board would have had the authority to regulate and enforce the provisions of the bill, ensuring compliance and protecting the interests of all parties involved in surrogacy.

Key aspects of the establishment of a National Surrogacy Board, as per the Surrogacy (Regulation) Bill, 2019, included:

Composition of the Board: The bill outlined the composition of the National Surrogacy Board, specifying that it would consist of members appointed by the central government. Moreover, the board was expected to include representatives from relevant government departments, medical professionals, legal experts, and other stakeholders with expertise in surrogacy and related fields.

Responsibilities and Functions: The proposed responsibilities and functions of the National Surrogacy Board included:

a. Granting Approval: The board would have been responsible for granting approval for surrogacy clinic in India and ensuring compliance with the provisions of the bill.

b. Regulating Surrogacy Clinics: The board would regulate and supervise surrogacy clinic in India to ensure adherence to ethical and legal standards, monitor the quality of care provided to surrogates and intended parents, and maintain records of surrogacy arrangements.

c. Monitoring Implementation: The board would monitor the implementation of the provisions of the bill, including verifying the eligibility of intended parents, approving surrogacy arrangements, and safeguarding the rights and welfare of all parties involved.

d. Addressing Grievances: it would also address grievances and complaints related to surrogacy, providing a mechanism for dispute resolution and ensuring appropriate action in case of violations or breaches of regulations.

e. Formulating Guidelines: The board would have the authority to formulate guidelines and regulations to facilitate the effective implementation of the bill and promote ethical practices in surrogacy.

The establishment of a National Surrogacy Board aimed to centralize the regulatory oversight of surrogacy arrangements in India. Furthermore, it would have been responsible for ensuring that surrogacy practices comply with the provisions of the bill and protect the interests and welfare of all parties involved.

Prohibition of Sex Selection

The Surrogacy (Regulation) Bill, 2019, proposed the prohibition of sex selection through surrogacy in India. Besides, this provision aimed to reinforce existing laws against gender-based discrimination and ensure ethical practices in surrogacy.

Key aspects of the prohibition of sex selection, as per the Surrogacy (Regulation) Bill, 2019, included:

Preventing Sex Selection: The bill explicitly stated that sex selection of the child through surrogacy would be prohibited. This means that intended parents would not be able to choose the sex of the child when pursuing surrogacy arrangements.

Gender Equality: The prohibition of sex selection aimed to uphold principles of gender equality and prevent any form of gender discrimination. Moreover, it intended to ensure that the selection of a child's sex does not contribute to gender imbalances or inequalities in society.

Legal Consequences: The bill also outlined legal consequences for violating the prohibition of sex selection by any involved party. Besides, the specific penalties or consequences for non-compliance were expected to be defined in the bill.

Final words

Surrogacy in India is still permissible for the local citizens. Still, before initiating any further in the same direction, it is important to consult with a reputed surrogacy clinic in India.