Surrogacy Laws in India

The dream to have a child of your own is sometimes not fulfilled for everybody. To fill this gap several fertility centers have seen a rise in India. Another suitable way is to find an appropriate surrogate for your child. Owning to the increasing demand for surrogacy and the various mal practices associated with it the government formulated surrogacy laws. Union Health Minister J P Nadda, introduced The Surrogacy (Regulation) Bill 2016. The key features of this bill include:

· Payment of any sort to the women opting for surrogacy is prohibited which means commercial surrogacy is banned.

· Singles, foreigners and persons of Indian origin are barred from bearing children through surrogacy under the new bill.

· Blood relative aged between 25–35 years can only become a surrogate.

· The woman opting to become a surrogate mother should be married and with a child of her own.

· The draft Bill also bans egg donation.

· In other words, surrogacy will be allowed only in an altruistic form and there will be no monetary benefits for the surrogate mother.

The new bill will all but make surrogacy disappear from India. According to doctors practicing the procedure, a large percentage of surrogacy is medically intended, while cases of single men or women are negligible. The bill will also have further negative consequences such as emotional blackmail within families, as well as an unregulated black market in surrogacy. Ninety-five percent of the doctors have discontinued with the surrogacy procedures for single men and women after the draft bill was passed last year.