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Cabinet Approves Amendments in Surrogacy Bill, 2016

Published on March 22, 2018
With an aim to regulate surrogacy in India, the Union Cabinet has given its approval to amend the "Surrogacy Regulation Bill 2016. The bill, applicable to the whole of India except Jammu and Kashmir

Cabinet Approves Amendments in Surrogacy Bill, 2016


Once enacted, the bill will provide rights of a child born through surrogacy equal to those of a natural or biological child.
It will make it mandatory to register surrogacy clinics with the appropriate state authorities.
16 months of extended insurance coverage for surrogate mothers to cover all complications will be offered and a clause to prevent exploitation of the surrogate mother has been added

"If the bill is passed, it will regulate surrogacy services throughout the country, control unethical practices in surrogacy and prevent the commercialization of surrogacy. It will also prohibit potential exploitation of surrogate mothers and children born through surrogacy"

Regulation of Surrogacy

National Surrogacy Board at the central level, State Surrogacy Boards and appropriate authorities in the states and union territories will be established in order to regulate the surrogacy.

Need of Regulation

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

Recommendations of the Parliament Committee

  • Departmental-related Parliamentary Standing Committee on Health and Family Welfare on the Bill tabled the 102nd report in Rajya Sabha and simultaneously in Lok Sabha
  • The panel recommended that there should be no discrimination against people of Indian-origin living abroad seeking to use surrogacy services in India.
  • There is "no point" in restricting Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs) and Overseas Citizen of India (OCI) from using surrogacy services, the panel's report, tabled in Parliament recently, said.
  • While recommending that foreign nationals be kept out of the Surrogacy (Regulation) Bill, 2016, it advocated an appropriate mechanism for a complete background check of NRIs, PIOs and OCIs intending to use the services of surrogates for bearing a child on their behalf.

Features of Surrogacy Bill 2016

  • Only for couples who cannot conceive a child can avail the benefit of surrogacy.  In case of any other medical conditions which could prevent a woman from giving birth to a child, this procedure isn't allowed.
  • The intending couple needs to fulfil the requirement in order to commission surrogacy.  
  • The surrogate mother and the intending couple need eligibility certificates from the appropriate authority
  • The surrogate mother must be a ‘close relative’ of the intending couple. .
  • For an abortion, in addition to complying with the Medical Termination of Pregnancy Act, 1971, the approval of the appropriate authority and the consent of the surrogate mother is required.  

Expected Questions

_____________ months of extended insurance coverage for surrogate mothers to cover all complications will be offered under the Surrogacy (Regulation) Amendment Bill?
a. 21
b. 16
c. 18
d. 14

Which of the following states has been kept out of the Surrogacy (Regulation) Amendment Bill 2016?
a. Tripura
b. Manipur
c. Jammu and Kashmir
d. Goa
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