SURROGACY BILL

1. Context 

A recent report reveals significant recommendations by a Select Committee of Parliament regarding the contentious Surrogacy (Regulation) Bill, 2019. These recommendations aim to enhance the accessibility of modern technology for infertile couples. 

2. Genesis of the Bill

The Surrogacy Bill was first proposed in 2016, driven by reports of exploitation of women in surrogacy arrangements. It seeks to address these concerns and regulate surrogacy practices in the country.

Provisions of the Surrogacy (Regulation) Bill

The Surrogacy Bill primarily focuses on altruistic ethical surrogacy for infertile Indian married couples. The key provisions are as follows:

1. Indian married couples in the age groups of 23-50 years for women and 26-55 years for men.
2. A legal marriage of at least five years is mandatory.
3.  The couple cannot have a surviving child, whether biological or adopted, except for cases involving mentally or physically challenged children or those with life-threatening disorders with no permanent cure.
4. Surrogacy clinics must be registered, and national and state surrogacy boards must be established.
5. The bill prohibits commercial surrogacy and penalizes abandoning or disowning a surrogate child with imprisonment up to 10 years and a fine up to Rs 10 lakh.

3. Recommended Changes by the Select Committee

The Select Committee, led by BJP Rajya Sabha MP Bhupender Yadav, has proposed several changes to the Surrogacy Bill:

• The committee recommends removing the clause limiting surrogacy to close relatives, allowing any willing woman to become a surrogate mother, provided all other requirements are met and authorized by the appropriate authority.
• The committee supports the ban on commercial surrogacy.
• It suggests allowing divorced and widowed women between the ages of 35 and 45 to be single-commissioning parents. The five-year waiting period for childless married couples could be waived with a medical certificate indicating their inability to conceive.
• The committee recommends that persons of Indian origin should also be eligible to avail of surrogacy services.
• The definition of commissioning parents remains limited to married couples, excluding single individuals, whether men or women.

4. The Role of the ART Bill

• ART is used to treat infertility. It includes fertility treatments that handle both a woman's egg and a man's sperm. It works by removing eggs from a woman's body and mixing them with sperm to make embryos. The embryos are then put back in the woman's body.
• In Vitro Fertilization (IVF) is the most common and effective type of ART.
• ART procedures sometimes use donor eggs, donor sperm, or previously frozen embryos. It may also involve a surrogate carrier.
• The Assisted Reproductive Technology (Regulation) Bill, which has been in development since 2008, aims to regulate the field of assisted reproduction.
• It requires the registration of IVF clinics and sperm banks, among other provisions.
• The Select Committee suggests that the Surrogacy Bill should be enacted after the ART Bill to avoid duplication and better address the technical and medical aspects.

5. Previous Parliamentary Scrutiny

The Surrogacy Bill was previously scrutinized by the Parliamentary Standing Committee on Health and Family Welfare. Recommendations made by that committee, such as replacing "altruistic" with "compensated" and allowing surrogates from outside the family, were not accepted by the government.

6. The Way Forward

The government has the authority to accept or reject the recommendations put forth by the Select Committee. While previous progressive recommendations were not implemented, there is hope that the current suggestions could lead to more inclusive and comprehensive surrogacy regulations in India. The future of surrogacy in the country remains a matter of debate and deliberation.