[EXPLAINED] The Surrogacy (Regulation) Bill: All you need to know- eligibility criteria, offences & penalties | Photo Credit: Getty Images

Key Highlights The main goal of the Surrogacy (Regulation) Bill is to ensure effective regulation of ethical surrogacy to the intending couple Altruistic surrogacy involves no monetary compensation apart from the basic medical expenses Couple means legally married Indian man and woman above the age of 21 years and 18 years respectively

New Delhi: The Surrogacy (Regulation) Bill, 2019, which seeks to ban commercial surrogacy in the country, was passed in the Lok Sabha by a voice vote on Monday, August 5, 2019. Earlier on July 15, 2019, Health Minister Harsh Vardhan introduced the Bill in the Lok Sabha. The purpose of the Bill is to prohibit commercial surrogacy and allow altruistic surrogacy, wherein the surrogate mother does not receive monetary compensation from the intending couple other than the medical expenses and insurance coverage during the pregnancy.

On the other hand, commercial surrogacy involves monetary compensation (in cash or kind) to the surrogate exceeding the basic medical expenses and insurance coverage. With India emerging as a surrogacy hub for couples from other countries, the Bill aims to tackle unethical practices, exploitation of surrogate mothers as well as to prevent rackets involving importing human embryos and gametes. The main goal of the Bill is to ensure effective regulation of ethical surrogacy to the intending couple - couple means legally married Indian man and woman above the age of 21 years and 18 years respectively.

Here’s what you should know about the Surrogacy (Regulation) Bill

What exactly is altruistic surrogacy?

As stated above, altruistic surrogacy involves no monetary compensation apart from the basic medical expenses, and mostly the surrogate here is a close relation to the intended couple. The woman carries a child conceived by artificial insemination such as IVF and then handovers the baby to the intended parents after birth.

Who can opt for surrogacy?

According to the PRS Legislative Research, commonly known as PRS, surrogacy is permitted when it is only for altruistic surrogacy purposes, for intending couples who suffer from proven infertility and any condition or disease that specified through regulations. It is not permitted for prostitution, for producing children for sale or any other form of exploitation.

What is the eligibility criteria for the intending couple?

To avail surrogacy, the intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority. Under the certificate of essentiality, the couple should be Indian citizens and married for at least 5 years. The intended couple should be between 23 to 50 years old for a woman and between 26 to 55 years old for a man, provided they do not have any surviving child (biological, adopted or surrogate) and meet other conditions that may be specified by regulations.

The ‘certificate of essentiality’ will be issued to the couple upon fulfilment of certain conditions, which include availing a certificate of proven infertility of one or both members of the intending couple from a District Medical Board.

Who can become a surrogate mother?

The surrogate mother-

Is a close relative of the intending couple.

Is a married woman having a child of her own.

Is between 25 to 35 years old.

Has a healthy lifestyle and is a surrogate only once in her lifetime.

Possesses a certificate of medical and psychological fitness for surrogacy

Moreover, the surrogate mother cannot provide her own gametes for surrogacy, as per the report in the PRS.

Offences and penalties for the surrogacy Bill

As per the Surrogacy (Regulation) Bill, the penalty for offences such as undertaking or advertising commercial surrogacy, exploiting the surrogate mother, abandoning or disowning or exploiting a surrogate child, selling human embryo or gametes for the purpose of surrogacy, etc, is imprisonment up to 10 years and a fine which may extend to Rs10 lakh. Additionally, the Bill specifies a range of offences for other breaches and violations of the provisions of the Bill.

It may be noted that under this Bill, live-in partners, single parents, LGBTQ community, NRIs and PIOs cannot seek surrogacy.