Lok Sabha passes Bill banning commercial surrogacy

A Bill that bars commercial surrogacy and allows only close relatives to act as surrogates to needy infertile couples for “altruistic” reasons was passed by the Lok Sabha on Wednesday with Health Minister JP Nadda terming the proposed legislation historic.

The ‘Surrogacy (Regulation) Bill, 2016’ was passed after an hour-long debate. Nadda said different sections of society, political parties, the Supreme Court and the Law Commission have spoken against commercial surrogacy and that the bill addresses these concerns.

India had become a hub of commercial surrogacy and surrogate mothers also suffered from exploitation, he told the House. “The Bill protects women from exploitation and ensures the rights of the child born through surrogacy. It has been a demand from all sections of society,” he said.

The Bill proposes complete ban on commercial surrogacy, but altruistic surrogacy will be permitted for needy infertile couples under strict regulation. The Bill entitles only Indian citizens to avail surrogacy. Foreigners, NRIs and PIOs are not allowed to seek surrogacy in the country.

Under this Bill, homosexuals, single parents, and live-in couples are also not entitled for surrogacy. Also, couples who already have children will not be allowed to go for surrogacy, though they would be free to adopt a child under a separate law.

With many welcoming the ban on commercial surrogacy, calling the practice inhuman, unethical and completely unacceptable, a few other doctors in Chennai stressed on the need for laws regulating the entire process and also called altruistic surrogacy impractical. A few also opposed the idea of Indians living abroad being denied such facilities, saying at least those of Indian origin need not be exempted. Medical practitioners also said that in some cases, not IVF, but surrogacy is the only available option.