All You Need To Know About Surrogacy Law in India

Surrogacy India is one of the most exquisite arrangements of ART technique that gives the couple surety to have their baby delivered through another womb. This is the process, which is accomplished using IVF Treatment, where the intended couple’s medical component is used, and the embryo is related to the couple. The main work of the surrogate mother is to carry the intended couple’s embryo safely in her womb till her delivery. Once the delivery happens the surrogate submits the new-born to the couple under the Surrogacy Law in India. There is not a single surrogacy law in India, which has been implanted by the government, but there are several laws announced by the Indian government from time to time. Recently, the surrogacy law in India has introduced the latest surrogacy bill passed by the Lok Sabha (2019), and now onward this surrogacy regulation has come in the legal process amongst Indian inhabitants.

Surrogacy and the surrogates in India have become increasingly famous amongst those couples wherein the female partner is unable to carry their baby in the womb. India has taken enormous fame in the industry of surrogacy for the past few decades because of the relatively low cost and best surrogates available. Usually, the ART clinics charge INR 10 lakh to 20 lakh for the complete package. Some of the surrogacy centres offer a proper package of surrogacy treatment that includes all the expenses such as flight tickets, medical procedure, accommodation for the abroad couples, surrogate’s fee and delivery of the new-born. In this package, a surrogate gets medical care and attention, nutritional health care and proper screening.

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    All You Need To Know About Surrogacy Law in India

    In the year of 2005, the Indian government had approved the draft of the 2002 National Guidelines to regulate the ART clinics in India. India was the only country, who had taken a centre of attraction of selecting Surrogacy by foreign couples before the commercial surrogacy had become illegal in 2015.

    There were several laws imposed by the Indian government for surrogacy process, one of the proposals by the government was there to ban the surrogacy for foreign homosexual couples and single parents – this Surrogacy Law in India came in the notice in 2013.

    In the year of 2015, the government had prohibited the commercial surrogacy in India, and shortly thereafter in 2016, The Surrogacy Bill was commenced and passed by the Lok Sabha of the Indian parliament putting forward the law, where heterosexual married couples, who have been struggling with infertility for 5 years (minimum) can only go for Altruistic surrogacy or unpaid surrogacy procedure in India. This bill was again introduced by the Lok Sabha in 2019 for the consent by the Upper house of the Indian Parliament – Rajya Sabha and also the permission by the president for applying this law in act amongst Indian citizen.

    Mentioned Below Some Guidelines under ICMR

    ICMR – Indian Council for Medical Research has given guidelines, which have to be followed by the ART centres and the intended couple for their surrogacy agreement. This law was introduced in 2002 and approved by government law in 2005.

    The law commission of India has taken steps to control the system of surrogacy in India by announcing some laws associated with surrogacy. Following observations had been publicly announced by the Law commission –

    • The surrogate mother for the surrogacy process requires giving consent to bearing the baby for another couple. She should be comfortable for all the procedures of surrogacy steps and willing to help the intended couple by handing over the child to them. This agreement by the surrogate is not applicable for commercial purposes.
    • Surrogacy contract need to cover with the life insurance for the surrogate mother
    • During the surrogacy, one of the partners must provide medical component (either egg or sperm) for IVF fertilization, to have a love and affection with the new-born after delivery.
    • Gender selection during the procedure is strictly prohibited in India
    • Once the delivery happens, the child is considered as a baby of the commissioning parent only. In the birth certificate, the new-born delivered by the surrogate must contain the name of actual or intended parents only.

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      Latest Surrogacy Bill in India 2019-20

      The Surrogacy Bill 2019 has been introduced on July 15, 2019, by the Ministry of Health and Family welfare proposing some strict Surrogacy laws in India.

      One of the first surrogacy law announced by Dr Harsh Vardhan was that Commercial Surrogacy is prohibited in India and only altruistic surrogacy is allowed for surrogacy in India.

      Altruistic surrogacy is one of the advanced fertility treatment, where the surrogate mother is not at all compensated for carrying the baby in her womb (except medical charges and insurance coverage fee). Surrogate must have a close –relation with the intended or commissioning parent. On the other hand, during commercial surrogacy, a surrogate undergoes surrogacy procedure, including all the expenses. This surrogacy has been entirely banned in India because of overexploitation of the surrogates.

      Now, surrogacy in India is allowed when

      1. The intended couple, who have proven certificate of infertility
      2. The surrogacy is altruistic
      3. Surrogacy is not permitted in any forms of exploitation
      4. If a woman is unable to carry a baby due to severe medical fertility issue or uterine issue

      Surrogacy Law in India has allowed surrogacy process performed by those surrogacy centres, which have appropriate registration or authority.

      The latest bill on Surrogacy in India has a form decision regarding this law. Why this bill? Because of increasing commercialisation of surrogacy practices, unethical practices, abandonment of the new-born delivered by the process of surrogacy, import human embryo and gametes, mistreatment of the surrogates. That’s the reason; this bill was introduced to protect the surrogate mother’s rights and the baby.

      AT The End

      You must have gained enough knowledge about the Surrogacy Law in India. The latest bill (2019) aiming to follow each criterion and rules of the surrogacy, the government has brought-up some offences and penalties

      • If the surrogacy is performed in a commercial way
      • If the surrogate is exploited in any way
      • If the couple is abandoning or exploiting a baby delivered through surrogacy
      • Selling or importing the human gametes or embryo for surrogacy
      If the centre has been found any of the listed points, then the penalty for this offence is imprisonment up to ten years; also there is a fine of 10 lakh.

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      Disclaimer: Under the pre-Conception and Prenatal Diagnostic Techniques (PCPNDT) Act, 1994, prenatal sex determination is banned in India. No test or treatment for sex selection, sex determination, gender selection, gender determination is done in India.

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