The Union Cabinet on 24 August 2016 approved the introduction of the Surrogacy (Regulation) Bill, 2016. The Bill will ensure effective regulation of surrogacy, prohibit commercial surrogacy and allow ethical surrogacy to the needy infertile couples. It will regulate surrogacy in India by establishing National Surrogacy Board at the central level. It will also establish State Surrogacy Boards and
Appropriate Authorities in the State and Union Territories.
• All infertile Indian married couple who want to avail ethical surrogacy will be benefited.
• The rights of surrogate mother and children born out of surrogacy will be protected.
• It shall apply to whole of India, except the state of Jammu and Kashmir.
• The commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes.
• It will control the unethical practices in surrogacy.
Background
India has emerged as a surrogacy hub for couples from different countries. However, 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 recommended for prohibiting commercial surrogacy and allowing ethical altruistic surrogacy to the needy Indian citizens by enacting a suitable legislation.
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