There is a surrogacy business of over 5 million$ in India. Almost half of the parents willing for a child out of surrogacy from India are foreigners. It is also noticed quite well that rather than a need, it has become a fashion as couples who already had biological children opted for surrogacy. Surrogacy is a blessing to parents who wish to have children but could not produce themselves.
Many legal and health problems aroused as India becomes one of the greatest hub of surrogacy in the world. With respect to the problems, the law commission in its 228th report highlighted the necessity to prohibit commercial surrogacy in India and only allow it to needy Indian parents. The Union cabinet gave approval for introduction to ‘Surrogacy (Regulation) Bill, 2016’.
What was the need to put surrogacy under a legal/illegal light through this bill?
Many unethical practices aroused out of surrogacy. Poor women were exploited. An agent-system started developing in India where an agent would go to villages finding a suitable surrogate mother and persuade her to be a surrogate. There was no signed contract which would legally protect those surrogate mothers as they were either illiterate or unaware. The agents were paid 2 lakhs – 5 lakhs by the couple, but only 75000- 1 lakh was paid to the surrogate mother. In extreme conditions, very low amount was paid. No proper health and medical facilities were provided.
Another problem was the citizenship of the baby out of surrogacy.
A ‘baby farm’ or ‘commercialisation of baby birth’ needed some legal curbing. Here are the key features of the bill:
- Unmarried couples, live-in-relationship couples, homosexuals and single parents could not opt for surrogacy. Only legally married Indian couples for five or more than five years can go for it.
- The bill terms commercial surrogacy as an illegal practice. Only altruistic surrogacy is allowed.
- Foreigners, Overseas Citizens of India and NRI’s cannot opt for surrogacy in India.
- The surrogate mother must be a ‘close relative’ to the couple. There must be a contract between the couple and the surrogate mother. The surrogate mother must be between 23 to 50 years of age and must be married. She should be a biological mother of a child before. Her husband should be 26-55 of age.
- Surrogacy boards to be set up at central and state levels to keep check over surrogacy activities.
- Only the amount which is spent on the maintenance of the mother and child in the womb must be paid.
- Punishments upto Rs. 10 lakh fine or jail for upto 10 years is specified in the bill.
The solution for highly irregulated surrogacy industry has been found. It would ensure family benefits to married couples along with an assurance to legality and no exploitation to surrogate mothers.