Home » Policy Matter » Cabinet approves introduction of the “Surrogacy (Regulation) Bill, 2016″

Cabinet approves introduction of the “Surrogacy (Regulation) Bill, 2016″

The Union Cabinet chaired by the Prime Minister Narendra Modi has given its approval for introduction of the “Surrogacy (Regulation) Bill, 2016″.

The Bill will regulate surrogacy in India by establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in the State and Union Territories. The Duru-Shahlegislation will ensure effective regulation of surrogacy, prohibit commercial surrogacy and allow ethical surrogacy to the needy infertile couples.

All infertile Indian married couple who want to avail ethical surrogacy will be benefited. Further the rights of surrogate mother and children born out of surrogacy will be protected. The Bill shall apply to whole of India, except the state of Jammu and Kashmir.

The major benefits of the Act would be that it will regulate the surrogacy services in the country. While commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes, ethical surrogacy to the needy infertile couples will be allowed on fulfilment of certain conditions and for specific purposes. As such, it will control the unethical practices in surrogacy, prevent commercialization of surrogacy and will prohibit potential exploitation of surrogate mothers and children born through surrogacy.

No permanent structure is proposed to be created in the Draft Bill. Neither there are proposals for creating new posts. The proposed legislation, while covering an important area is framed in such a manner that it ensures effective regulation but does not add much vertically to the current regulatory structure already in place at the central as well as states. Accordingly, there will not be any financial implications except for the meetings of the National and State surrogacy Boards and Appropriate Authorities which will be met out of the regular budget of Central and State governments.

Further commented , Dr. Duru Shah, Scientific Director Gynaecworld, Gynaecworld Fertility Center and President of ISAR (Indian Society for Assisted Reproduction) for your perusal,“As President elect of the Indian Society of Assisted Reproduction, I am happy that the surrogacy bill has been passed by the cabinet. I still have to look at it in detail but it seems that it will be possible for patients who will genuinely need it.  The only outcome we will need to look at will be on “how many women will agree to bear someone’s child for 9 months for altruistic reasons without any advantage? Could there be the possibility of coercion of daughters in law in families ? “

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