The recently passed Surrogacy (Regulation) Bill,2016 aims at banning commercial surrogacy and allows one altruistic surrogacy for married couples.
The Bill bans commercial surrogacy as well as bars single parents, foreigners, live in partners, married couples with biological or adopted children as well as homosexuals from opting for surrogacy. Only married couples who do not have any children and have been married for more than 5 years can opt for surrogacy. Homosexuals and live in partners have been denied the right to have children by surrogacy. Foreigners, NRIs and PIOs having OCI card have also been barred from opting for surrogacy on the ground that 'divorces are very common in foreign countries'.
The Bill further states that the surrogate can only be a close relative of the couple. She cannot be paid. She has to be a married woman with at least one child of her own. Childless and unmarried women cannot be surrogates. A woman can be a surrogate only once in her life. If a couple does not have a close relative they cannot opt for surrogacy.
The Bill requires surrogacy clinics to be registered and they can charge for their services. Commercial surrogacy, abandoning the surrogate child or exploitation of surrogate mother and import or selling of human embryos have been deemed as violations punishable with a jail term of at least 10 years and a fine up to Rs 10 lakhs. Clinics are required to maintain records of surrogacy for 25 years.
The Bill bans commercial surrogacy as well as bars single parents, foreigners, live in partners, married couples with biological or adopted children as well as homosexuals from opting for surrogacy. Only married couples who do not have any children and have been married for more than 5 years can opt for surrogacy. Homosexuals and live in partners have been denied the right to have children by surrogacy. Foreigners, NRIs and PIOs having OCI card have also been barred from opting for surrogacy on the ground that 'divorces are very common in foreign countries'.
The Bill further states that the surrogate can only be a close relative of the couple. She cannot be paid. She has to be a married woman with at least one child of her own. Childless and unmarried women cannot be surrogates. A woman can be a surrogate only once in her life. If a couple does not have a close relative they cannot opt for surrogacy.
The Bill requires surrogacy clinics to be registered and they can charge for their services. Commercial surrogacy, abandoning the surrogate child or exploitation of surrogate mother and import or selling of human embryos have been deemed as violations punishable with a jail term of at least 10 years and a fine up to Rs 10 lakhs. Clinics are required to maintain records of surrogacy for 25 years.
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