Cabinet passes Surrogacy Bill, to be taken to Lok Sabha for the second time

The Surrogacy Bill had lapsed after the last Lok Sabha passed it but the Rajya Sabha didn’t

The Union cabinet has approved the “Surrogacy (Regulation) Bill, 2019”. The Bill bans commercial surrogacy and makes the service available only to married Indian couples who have been medically found to be infertile.

It proposes to 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 Bill had been passed by the last Lok Sabha but lapsed after the dissolution of the House.

The Bill shall apply to whole of India, except the state of Jammu and Kashmir

India has emerged as a surrogacy hub for couples from different countries and there have been reported incidents concerning unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy and rackets of intermediaries importing human embryos and gametes. The 228th report of the Law Commission of India has recommended for prohibiting commercial surrogacy and allowing ethical altruistic surrogacy by enacting a suitable legislation.

“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 fulfillment of stipulated conditions. It will also prohibit exploitation of surrogate mothers and children born through surrogacy,” said a senior government official.

The Bill shall apply to whole of India, except the state of Jammu and Kashmir.

No permanent structure is proposed to be created in the draft Bill. 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 administrative  budget of respective departments.