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How Surrogacy Regulation Bill Is Going To Regulate IVF Centres

The business for the international patients shall be deteriorated drastically. It is essential that the amendments are made that caters to one and all

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The Surrogacy (Regulation) Bill 2016 was passed despite several and multiple agitations from the opposition. The oppositions very clearly stated that the bill holds several illogical and void guidelines and needs several amendments in it. Regardless and ignoring the views and opinion of the opposition, the Bill was passed on 19th December 2018.  

Understanding the Bill 

Lok Sabha, the lower house of the Parliament passed the Surrogacy (Regulation) Bill 2016 completely prohibits the practice of Commercial Surrogacy while only encouraging Altruistic Surrogacy in the country. 

This introduced Bill states that the intending couples going for surrogacy are only permitted if both of them are Indians and have been married for atleast 5 years. Adding to this, of which one of them, from the intending couple must be infertile. The intending couple must look out for a “close” relative as the Surrogate Mother as per the guidelines provided by the law. While promoting Altruistic Surrogacy, the bill completely negates the excess gratification (in cash or in kind) to the surrogate mother except for the medical expenses.

The bill also guides the surrogate mother to be of the age 25-35 years and can be a surrogate only once in her life. The Central and the State Government shall issue Eligibility Certificates to the intending parents and the surrogate mother which shall ensure that the baby will belong to the intending parents biologically.

With a complete ban on commercial surrogacy, only Indian married couples can go for Surrogacy. NRI’s and foreigners cannot go for Surrogacy in the country. Homosexuals and singles are also not added to the list and the only option for them to become parents is through Adoption.

Regulation of the IVF Centres

By putting a complete ban on the Commercial Aspect of Surrogacy, the marketable and profit earning source associated with it is completely eliminated. 

This mindless activity, shall only pose greater problems since Altruistic Surrogacy shall only pressurize the ‘close’ relatives of the childless couples. Also, the close relatives might feel these childless couples as a burden and might not be very willing to become a surrogate. In cases, where people do not have any ‘close’ relatives, it would be impossible for them to find a surrogate and even have high chances of them being childless forever. 

The thoughtless and inconsiderate activity of introduction of the bill has actually posed several problems in the lives of many like for people who aspire to be single parents and even homosexuals. The government could have set guidelines for administered surrogacy. The government could have set a minimum compensation for the Surrogate Mother, which could have benefitted her family. However, a complete Ban on Commercial Surrogacy shall only increase the exploitation and miseries of the women. 

The regulation of the IVF Centres shall again go through multiple obstructions since the guidelines by the Bill are still not yet properly defined. The definition of a ‘close’ relative has not been clarified that how close should the relative be. The government should have made numerous variations former to passing the law as it still has several major shortcomings and drawbacks.

Also, the flourishing business of Surrogacy in the country shall experience a significant downfall as the international patients shall not to be provided any assistance and treatment. The business for the international patients shall be deteriorated drastically. It is essential that the amendments are made that caters to one and all.

Disclaimer: The views expressed in the article above are those of the authors' and do not necessarily represent or reflect the views of this publishing house. Unless otherwise noted, the author is writing in his/her personal capacity. They are not intended and should not be thought to represent official ideas, attitudes, or policies of any agency or institution.


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IVF market Surrogacy Regulation Bill

Dr Saarthak Bakshi

The author is CEO, International Fertility Centre

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