Surrogacy Regulation Bill-UPSC General Studies Notes

Introduction:

• The Surrogacy Regulation Bill is a legislative framework aimed at regulating surrogacy arrangements in India.
• The bill seeks to address ethical concerns, prevent exploitation of surrogate mothers, and safeguard the rights of all parties involved in surrogacy arrangements.

Key Provisions of the Bill:

1. Regulation of Surrogacy:
   • The bill outlines the legal requirements and procedures for conducting surrogacy arrangements in India.
   • It prohibits commercial surrogacy, allowing only altruistic surrogacy where the surrogate mother volunteers to carry the child without monetary compensation beyond medical expenses and insurance coverage.
2. Eligibility Criteria:
   • The bill specifies eligibility criteria for intended parents, surrogate mothers, and medical practitioners involved in surrogacy arrangements.
   • Intended parents must be Indian citizens who have been married for at least five years and are unable to conceive a child naturally or through other assisted reproductive techniques.
3. Establishment of National and State Surrogacy Boards:
   • The bill proposes the establishment of National Surrogacy Board and State Surrogacy Boards to oversee and regulate surrogacy activities at the national and state levels, respectively.
   • These boards are responsible for granting approvals for surrogacy arrangements, monitoring compliance with the law, and addressing grievances related to surrogacy.
4. Rights and Welfare of Surrogate Mothers:
   • The bill prioritizes the health and welfare of surrogate mothers by mandating comprehensive medical screening, insurance coverage, and access to healthcare throughout the surrogacy process.
   • Surrogate mothers have the right to refuse or withdraw from surrogacy arrangements at any stage without facing coercion or discrimination.
5. Prohibition of Sex Selection:
   • The bill prohibits sex-selective surrogacy and ensures that surrogacy arrangements are not used for the purpose of determining the sex of the child.
   • Medical practitioners found guilty of conducting sex-selective surrogacy face stringent penalties, including imprisonment and license revocation.
6. Legal Parentage and Citizenship:
   • The bill clarifies the legal parentage of the child born through surrogacy, ensuring that the intended parents are recognized as the legal guardians from the moment of birth.
   • It also addresses issues related to citizenship and nationality of the child born through surrogacy, providing a framework for their documentation and legal status.

Impact and Implications:

• The Surrogacy Regulation Bill aims to address ethical concerns, prevent exploitation, and promote the welfare of surrogate mothers and children born through surrogacy.
• By regulating surrogacy practices, the bill seeks to strike a balance between facilitating assisted reproduction for couples facing infertility while safeguarding the rights and dignity of all parties involved.
• Implementation of the bill is expected to have far-reaching implications for surrogacy practices in India, ensuring greater transparency, accountability, and ethical standards in the surrogacy industry.

Conclusion:

• The Surrogacy Regulation Bill represents a significant step towards regulating surrogacy practices in India and protecting the rights of surrogate mothers, intended parents, and children born through surrogacy.
• Through comprehensive regulation and oversight, the bill aims to ensure that surrogacy arrangements are conducted ethically, responsibly, and in accordance with the principles of justice and human dignity.