The NDA Government's New Regulation on Surrogacy Services in India
The NDA government has finally passed the highly controversial Surrogacy (Regulation) Bill, 2016 with an aim to ban commercial surrogacy and ensure effective regulation of surrogacy in India.
If the proposed draft Surrogacy (Regulation) Bill 2016, which is likely to be introduced into the Parliament, is approved then the latest legislation would be applicable to all over India barring Jammu and Kashmir.
The bill allows only ethical surrogacy and that to the needy, infertile Indian couples.
Commercial surrogacy in which the surrogate mother is given additional compensation apart from her medical expenditures related to the surrogacy services is strictly prohibited, according to the bill.
The term surrogacy means carrying and giving birth to someone else's baby with the help of some form of assisted reproductive technology. A surrogate mother carries the baby, gives birth , and the baby is given to the intended or commissioned parents.
There are two kinds of surrogacy- Traditional Surrogacy and Gestational Surrogacy.
Traditional Surrogacy- In traditional surrogacy, a woman is artificially inseminated with sperm. In this case, the sperm of the intended father or donor and eggs of the surrogate mother is used to develop an embryo through In Vitro Fertilization (IVF) or artificial insemination.
The surrogate mother carries the baby and gives birth to a couple who want to have a child.
A traditionally surrogate mother is the baby's biological mother because in this case her egg is fertilized by the father's sperm.
Gestational Surrogacy- In gestational surrogacy the mother's eggs are collected, fertilized with the father's sperm to develop an embryo through IVF and the embryo is placed into the uterus of a gestational surrogate mother.
The surrogate mother then carries and deliver the baby. In this case, the surrogate mother doesn't have any genetic relation to the baby because her eggs were not used in the formation of the embryo.
Every couple wants to start a family by giving birth to an own baby. But there are unfortunate couples who are deprived of this happiness for one or another reason. Surrogacy is the solution for them.
However, there are advantages and disadvantages to each type of surrogacy. Therefore, select the type of surrogacy after proper counseling.
There are several reasons such as medical ailments, problems with the viability of sperm, health issues in the intended mother, the intended mother might not survive if she goes through a traditional childbirth or a C-section and much more.
In such circumstances, people opt for surrogate mother who can provide a childless couple the happiness of parenthood.
Surrogacy (Regulation) Bill 2016 Includes The Following Things:
• Ban on commercial surrogacy
• Foreign nationals cannot get Indian surrogate mother
• Surrogacy is legal for Indian infertile couple
• A couple has to be married for at least five years
• Cannot pay any compensation other than medical expenditures incurred in surrogacy
• Only close relative can be considered to become a surrogate mother
• A Couple having a child cannot try for another through surrogate mother
• A couple can have only one child through surrogacy
• The government will set up surrogacy regulatory bodies at central level, state levels, and union territories to look after all the cases of surrogacy in the country.