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August 24, 2016

Surrogacy Bill, 2016: Complete ban on commercial surrogacy

Surrogacy Bill, 2016 got the clearance from the Ministry of Health & Family Welfare. 



The draft Surrogacy Bill, 2016 aims to protect the rights of surrogate mothers and make parentage of such children legitimate.
  • The draft surrogacy Bill aims at regulating commissioning of surrogacy in the country in a proper manner.
  • The Bill aims to prevent exploitation of women, especially those in rural and tribal areas.
  • The Bill promises to ensure parentage of children born out of surrogacy is “legal and transparent.”
  • The new Bill proposes complete ban on commercial surrogacy.
  • As per the Bill, only legally—wedded Indian couples can have children through surrogacy, provided at least one of them have been proven to have fertility-related issues.
  • Foreigners, even Overseas Indians, are barred from commissioning surrogacy.
  • A woman will be allowed to become a surrogate mother only for altruistic purpose and under no circumstances money shall be paid to her, except for medical expenses.
  • Unmarried couples, single parents, live—in partners and homosexuals cannot opt for surrogacy as per the new bill.
  • Surrogacy regulation board will be set-up at Central and State-level.

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