Surrogate Mother: The New Surrogacy Law Passed

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Surrogate Mother, The New Surrogacy Law Passed: Surrogacy is a very important option for parents that want to be.

In 2015, India passed a law. As per law, it is illegal for foreign intended parents to complete a surrogacy in India. The only people that could complete a commercial surrogacy is an Indian couple married for at least 5 years. 

In December 2018, a law on surrogacy was made that said:

  • Commercial surrogacy was illegal
  • Allowed altruistic surrogacy only for needy, infertile Indian parents
  • The couple should be married for at least 5 years and get infertility certificate from a doctor
  • Restricts women to being surrogates only once and the woman has to be a close relative of the intended parents
  • Bans single parents, homosexuals and live-in couples from surrogacy

Surrogate Mother: The New Surrogacy Law Passed

A parliamentary panel recommended that not only close relatives but any woman agreeing should be allowed to act as a surrogate. 

The 15 major changes to the Surrogacy (Regulation) Bill, 2019, also include deleting the information of ‘infertility’. It as a couple that has been unable to conceive after 5 years of unprotected sex. But it is too long for a couple to wait. 

The committee has also said that a single woman like a widow or divorcee in the age group of 35 – 45 years may also be able to opt for surrogacy.

The panel said that restricting surrogacy to ‘close relatives’ results in limited surrogate mothers, and is thus be removed.

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It also proposed to increase the insurance for the surrogate mother from 16 months to 36 months. The Surrogacy Bill, 2019 is yet to be passed in the Rajya Sabha. 

The committee noted that there may be certain proven medical conditions like the absence of uterus by birth, non-functional uterus, removal of the uterus due to cancer, fibroids, etc or patients with a chronic medical condition where normal pregnancy is ruled out and it is medically proven beyond any doubt that surrogacy is the only option. 

The panel further observed that the requirement of obtaining a certificate of proven infertility is not at all justified in such cases. 

Strongly backing the provision of the Bill allowing only altruistic surrogacy and not commercial surrogacy, the panel opined that “the sublime and divine instinct of motherhood could not be allowed to be turned into mechanical paid service of pro-creation devoid of divine warmth and affection.”

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