Law Commission of India has latest approved a bill of 228th report, prohibiting the commercial surrogacy arrangement and letting India allow for Altruistic Surrogacy by enacting apposite legislation. Yes! The cabinet recently came to a decision for the approval of the bill that keeps out Commercial Surrogacy from India and only permits Altruistic Surrogacy for the surrogacy preparation. The bill had already been passed by the Lok Sabha but after dissolution of the House, the bill was lapsed.
During altruistic surrogacy, the surrogate must have close relation (may be family member or close friend) to the intended parents and that’s what this surrogacy bill states.
228 Bill was proposed on 5th August 2009 by the Law Commission of India title as “Need for Legislation to regulate Assisted Reproductive Technology Clinics as well as Rights and Obligations of parties to a Surrogacy” and on Wednesday, July 2019, this surrogacy (regulation) bill has been passed and clearly stated to ban Commercial Surrogacy in India.
One of the officials has said about this Surrogacy Bill,
“While commercial surrogacy will be prohibited, including sale and purchase of human embryo and gametes, ethical surrogacy to the needy infertile couples will be allowed on fulfillment of stipulated conditions. It will also prohibit exploitation of surrogate mothers and children born through surrogacy,”
Surrogacy Regulation Bill entails all about Surrogacy Services in India and its main motto is to rule out the potential misuse or exploitation of the surrogates and to look after the rights of children born through the procedure of Surrogacy.
In this bill, it has been plainly mentioned that the couple, if outlining surrogacy treatment to have their baby, must have been legally completed her 5 years of nuptial. This too has become one of the controversial discussions amongst critics, why couples in their case of infertility have to wait for five years after marriage to opt for Surrogacy arrangement and where this statement does come from- legally married couple. Critics also spotlight on- A Single Parents- what about them.
The 228th report of Surrogacy Regulation by the Law Commission of India has prohibited Commercial Surrogacy and allowed ethical Altruistic Surrogacy in India by establishing a National Surrogacy Board at the Central level, State Surrogacy Board and Union territories.