SURROGACY: A THING BANNED IN INDIA
The Union Cabinet, on August 26, cleared the Surrogacy ( regulation) Bill, 2016, banning commercial surrogacy in India.
The Bill also bars foreigners, homosexual couples, people in live-in relationships and single individuals from opting for surrogacy. The bill allows only childless, straight Indian couple married for a minimum of five years eligible for surrogacy.
Eligible couples will have to turn to close relatives, not necessarily related by blood for altruistic surrogacy ( where no money exchanges hands between the commissioning couple and the surrogate mother.
The Bill also prohibits couples who already have biological or adopted children from commissioning babies through surrogacy.
The surrogacy debate started in India in 2008 when 2-week-old Mani Yamada was left stateless after the commissioning mother refused to accept the baby. While the court granted custody to the baby's grandmother after a long legal battle, the case led the Gujarat HC to state that there is " extreme urgency to push through legislation" which addresses such issues. Subsequently, 228th report of the Law Commission of India recommended prohibiting commercial surrogacy to the needy Indian citizens by enacting a suitable legislation.
The Bill will apply to the whole of India, except Jammu and Kashmir., before being passed by the Cabinet, a Group of Ministers (GoM) had recently cleared the Bill.
Further, the new Bill mandates that women acting as surrogates can do so only once and all Assisted Reproductive Technology (ART) clinics will be registered.
In 2020, India became the first country to legalize commercial surrogacy. By 2012, India had become the first country to legalise commercial surrogacy. By 2012, India had become the 'surrogacy capital' of the world with surrogacy tourism valued at approximately $500 million annually by a paper written by advocate Amil Malhotra titled, ' All aboard for the fertility express'.
Eligible couples will have to turn to close relatives, not necessarily related by blood for altruistic surrogacy ( where no money exchanges hands between the commissioning couple and the surrogate mother.
The Bill also prohibits couples who already have biological or adopted children from commissioning babies through surrogacy.
The surrogacy debate started in India in 2008 when 2-week-old Mani Yamada was left stateless after the commissioning mother refused to accept the baby. While the court granted custody to the baby's grandmother after a long legal battle, the case led the Gujarat HC to state that there is " extreme urgency to push through legislation" which addresses such issues. Subsequently, 228th report of the Law Commission of India recommended prohibiting commercial surrogacy to the needy Indian citizens by enacting a suitable legislation.
The Bill will apply to the whole of India, except Jammu and Kashmir., before being passed by the Cabinet, a Group of Ministers (GoM) had recently cleared the Bill.
Further, the new Bill mandates that women acting as surrogates can do so only once and all Assisted Reproductive Technology (ART) clinics will be registered.
In 2020, India became the first country to legalize commercial surrogacy. By 2012, India had become the first country to legalise commercial surrogacy. By 2012, India had become the 'surrogacy capital' of the world with surrogacy tourism valued at approximately $500 million annually by a paper written by advocate Amil Malhotra titled, ' All aboard for the fertility express'.
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