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Surrogacy bill - Shanmugam IAS academy in coimbatore
Surrogacy bill

THE SURROGACY (REGULATION) BILL, 2019

Key data’s:

The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after birth to the intending couple.

Regulation of surrogacy:

  • The Bill prohibits commercial surrogacy, but allows altruistic surrogacy.
  • Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.
  • Commercial surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.

When is Surrogacy permitted?

  • For intending couples who suffer from proven infertility
  • Altruistic
  • Not for commercial purposes
  • Not for producing children for sale, prostitution or other forms of exploitation
  • For any condition or disease specified through regulations.

Eligibility criteria for intending couple:

  • The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.
  • A certificate of essentiality will be issued upon fulfilment of the following conditions:
  • A certificate of proven infertility of one or both members of the intending couple from a District Medical Board;
  • An order of parentage and custody of the surrogate child passed by a Magistrate’s court; and
  • Insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.

Eligibility:

  • The couple being Indian citizens and married for at least five years;
  • Between 23 to 50 years old (wife) and 26 to 55 years old (husband);
  • They do not have any surviving child (biological, adopted or surrogate); this would not include a child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness; and

Eligibility criteria for surrogate mother:

  • A close relative of the intending couple
  • A married woman having a child of her own
  • 25 to 35 years old;
  • A surrogate only once in her lifetime
  • Possess a certificate of medical and psychological fitness for surrogacy. Further, the surrogate mother cannot provide her own gametes for surrogacy.

 

Links to note:

https://www.iasipstnpsc.in/surrogacy-law/

https://www.livelaw.in/news-updates/ls-passed-the-surrogacy-regulation-bill-2019-146966

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