All You Need to Know About the Surrogacy Bill

The Surrogacy (Regulation Bill) was introduced in Lok Sabha by the Minister of Health and Family Welfare, Dr. Harsh Vardhan, in 2019 and passed in 2021. This bill elucidates surrogacy as a practice where a woman gives birth to a baby for a couple with an intention to hand over the child to the intending couple. Here’s all you need to know about the bill-

Regulation of The Surrogacy Bill

The surrogacy bill forbids commercial surrogacy, however, allows altruistic surrogacy. Altruistic surrogacy implies no monetary compensation to the surrogate mother apart from medical expenses and insurance coverage during the pregnancy period. However, commercial surrogacy involves surrogacy and related procedures undertaken for a reward or a monetary benefit above the basic medical expenses and insurance coverage. 

Purposes for Which Gestational Surrogacy is Permitted

Gestational surrogacy refers to a practice where a surrogate mother carries a child in her womb for an intending couple, and the child is not genetically related to the surrogate mother. It is only permitted when-

• The procedure is performed only for altruistic surrogacy purposes

• It is for intending couples who suffer from infertility and don’t have natural conception as an option

• It is not performed for any commercial purposes or the commercialization of the procedures of surrogacy

• It is not for producing children for sale, prostitution, or any other exploitation purposes 

• For any condition or diseases as specified by regulations made by the concerned board

Eligibility Criteria of Surrogacy for the Intending Couple

As per the surrogacy bill, the intending couple is required to possess a certificate of essentiality and a certificate of eligibility issued by the regulatory authorities.

Certificate of Essentiality

 This certificate is issued after the following conditions are fulfilled- 

1. A certificate of medical indication of either one or both the members of the intending couple from a District Medical Board.

2.  Or an intending woman necessitating gestational surrogacy from the board.

3. An order of parentage and custody of a child born by surrogacy is passed by a Magistrate’s court after the application is made by the intending couple, intending mother, and surrogate mother. This order shall be the birth affidavit of the child.  

4. Insurance coverage is prescribed for 36 months that covers postpartum delivery complications for the surrogate mother from an insurance company. The insurance company should be recognized by the Insurance Regulatory and Development Authority established under the Insurance Regulatory and Development Authority Act, 1999. 

Certificate of Eligibility

This certificate is issued upon fulfillment of the below-listed conditions- 

(I) No woman, other than an ever-married woman having a child of her own and between the age of 25 to 35 years on the day of implantation, shall be a surrogate mother or help in surrogacy by donating her egg or oocyte or otherwise;

(II) A willing woman shall act as a surrogate mother and be permitted to undergo surrogacy procedures as per the provisions of this Act:

Provided that the intending couple or the intending woman shall approach the appropriate authority with a willing woman who agrees to act as a surrogate mother;

(III) No woman shall act as a surrogate mother by providing her own gametes;

(IV) No woman shall act as a surrogate mother more than once in her lifetime:

Provided that the number of attempts for surrogacy procedures on the surrogate mother shall be such as may be prescribed; and

(V) A certificate of medical and psychological fitness for surrogacy and surrogacy procedures from a registered medical practitioner

Parentage and Abortion of a Surrogate Child

Children born out of surrogacy are deemed to be the biological children of the intending couples. An abortion of a child in the womb requires the written consent of the surrogate mother and the authorization of the appropriate authority. Apart from this, no person, clinic, or organization will force the surrogate mother to abort the child unless in conditions prescribed by the bill. 

Connect with Benison IVF & Healthcare Clinic

Benison IVF and Healthcare clinic is a leading clinic in Northern India offering services to help infertile couples bring happiness home in the form of a child. At our clinic, we extend complete assistance through advanced technology and the expertise of world-class doctors and deliver the best possible results as per our patient’s requirements. Connect with us to know more about the best surrogacy centre in Delhi.