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.

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.