- Introduction:
Surrogacy is a practice that has gained both popularity and controversy worldwide. In India, the regulation of surrogacy has been a topic of discussion for several years. The Surrogacy Regulation Bill aims to establish a legal framework to govern surrogacy arrangements in the country.
- Background:
The use of surrogacy in India has been a matter of concern due to various ethical, legal, and social issues. The lack of a comprehensive regulatory framework led to instances of exploitation of surrogate mothers, commercialization of surrogacy, and concerns about the rights of the child born through surrogacy.
- Key Provisions of the Surrogacy Regulation Bill:
- Eligibility Criteria:
- The bill outlines eligibility criteria for intending couples, ensuring that only Indian citizens can opt for surrogacy.
- It sets the age limit for intending couples, restricting couples with a significant age gap from seeking surrogacy services.
- Types of Surrogacy:
- The bill distinguishes between altruistic and commercial surrogacy. Altruistic surrogacy involves no financial compensation to the surrogate mother beyond medical expenses, while commercial surrogacy involves monetary transactions.
- Regulatory Authorities:
- The establishment of National and State Surrogacy Boards is proposed to regulate and oversee surrogacy arrangements. These boards would play a crucial role in granting approval and monitoring the entire process.
- Rights of Surrogate Mothers:
- The bill emphasizes the rights and well-being of surrogate mothers, ensuring their informed consent and providing insurance coverage during the pregnancy.
- Rights of the Child:
- The legislation addresses the rights of the child born through surrogacy, emphasizing the need for citizenship and ensuring that the child is not stateless.
- Penalties for Violations:
- The bill prescribes penalties for those who engage in illegal surrogacy practices, including imprisonment and fines.
Public Reaction and Controversies:
The Surrogacy Regulation Bill has sparked debates and discussions among the public, medical professionals, and legal experts. While some argue that the bill brings much-needed regulation to an unorganized sector, others express concerns about the restrictive nature of the eligibility criteria and the potential exploitation of surrogate mothers.
Conclusion:
The Surrogacy Regulation Bill in India represents a significant step towards addressing the ethical and legal concerns surrounding surrogacy. It aims to strike a balance between the rights of the intending couples, surrogate mothers, and the child born through surrogacy. As the bill moves forward, it is essential to consider public feedback and expert opinions to ensure a comprehensive and fair regulatory framework for surrogacy in India.
Piyush Dhunna – D/4880/2022