Salient points of Surrogacy Bill

| Wednesday, August 24, 2016 - 20:33
First Published |
Salient features, Surrogacy, Regulation Bill, 2016, Union cabinet, medical certificate, Foreigners, NRIs and OCI

Salient points of Surrogacy Bill

New Delhi: Salient features of the Surrogacy (Regulation) Bill, 2016, cleared by the Union cabinet on Wednesday:
Who can go for surrogacy:
Only Indian couples, who are legally married
The couple must be married for at least five years 
The couple will have to produce a medical certificate testifying that either partner is medically unfit to produce children
Who cannot go for surrogacy:

  • Foreigners, NRIs and even OCI (Overseas Citizen of India) card holders 
  • Same sex couples, live-in partners 
  • Couples having one or more children, either biological or adopted

Who can become a surrogate mother?

  • Only a married woman with at least one child 
  • Surrogate mother must be a close relation of the couple seeking surrogacy
  • A woman is allowed to surrogate only once 
  • A couple can avail surrogacy only once in their lifetime

What is legal protection?

  • Surrogacy clinics must be registered with the government
  • Illegally operating clinics, or those flouting norms may be punished with 10 years imprisonment and/or Rs 10 lakh fine 
  • Clinics required to maintain each case record for 25 years

Rights versus wrongs:

  • A surrogate child, whether boy or girl, cannot be abandoned by parents 
  • A surrogate child will have all the rights that a biological child has, including right to property
  • A surrogate mother cannot be mistreated by the clinic or the parent couple.
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