The Surrogacy (Regulation) Bill 2016 (India)
AS INTRODUCED IN LOK SABHA ON 21.11.2016
Bill No. 257 of 2016
BILL to constitute National Surrogacy Board, State Surrogacy Boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy and for matters connected therewith or incidental thereto.
Key Feature of Surrogacy (Regulation) Bill 2016
- “ surrogacy ” means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth;
- Surrogacy (Regulation) Bill 2016 provides that no surrogacy clinic, unless registered under this Act, shall conduct or associate with, or help in any manner, in conducting activities relating to surrogacy and surrogacy procedures.
- Surrogacy (Regulation) Bill 2016 provides that no surrogacy clinic, paediatrician, gynaecologist, human embryologist, registered medical practitioner or any person shall conduct, offer, undertake, promote or associate with or avail of commercial surrogacy in any form.
- Surrogacy (Regulation) Bill 2016 provides that no registered medical practitioner, gynecologist, pediatrician, human embryologist or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person surrogacy or surrogacy procedures at a place other than a place registered under this Act.
- Surrogacy (Regulation) Bill 2016 provides that no surrogacy clinic, registered medical practitioner, gynecologist, pediatrician, human embryologist or any other person shall promote, publish, canvass, propagate or advertise or cause to be promoted, published, canvassed, propagated or advertised which—
- (a) is aimed at inducing or is likely to induce a woman to act as a surrogate mother;
- (b) is aimed at promoting a surrogacy clinic for commercial surrogacy or promoting commercial surrogacy in general;
- (c) seeks or aimed at seeking a woman to act as a surrogate mother;
- (d) states or implies that a woman is willing to become a surrogate mother; or
- (e) advertises commercial surrogacy in print or electronic media or in any other form
- Surrogacy (Regulation) Bill 2016 provides that no surrogacy clinic, registered medical practitioner, gynecologist, pediatrician, human embryologist, intending couple or any other person shall conduct or cause abortion during the period of surrogacy without the written consent of the surrogate mother and on authorisation of the same by the appropriate authority concerned. However, that the authorisation of the appropriate authority shall be subject to, and in compliance with, the provisions of the Medical Termination of Pregnancy Act, 1971.
- Surrogacy (Regulation) Bill 2016 provides that no surrogacy clinic, registered medical practitioner, gynecologist, pediatrician, human embryologist, intending couple or any other person shall store a human embryo or gamete for the purpose of surrogacy. However, that nothing contained in this sub-clause shall affect such storage for other legal purposes like sperm banks, IVF and medical research for such period and in such manner as may be prescribed