THE SURROGACY (REGULATION) BILL, 2019
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
- 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.
- 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: