A New Lease of Life
India Legal|December 27, 2021
As India becomes the centre of the global fertility industry, two bills seek to curb unethical practices pertaining to sex selection and exploitation of surrogate mothers
Abhilash Singh and India Legal Bureau
A New Lease of Life

THE Parliament recently passed two bills that aim to regulate in-vitro fertilisation (IVF) clinics and prohibit commercial surrogacy in India. While the Assisted Reproductive Technology (Regulation) Bill, 2021, that the Lok Sabha passed on December 1 got the nod from the Rajya Sabha with a voice vote, the Upper House also passed the Surrogacy (Regulation) Bill, 2020, with amendments. This legislation was earlier passed by the Lok Sabha, but the Rajya Sabha had referred it to a select committee in 2019. It will now go back to the Lok Sabha for approval.

Union health minister Mansukh Mandaviya reportedly said: “Most of the recommendations of the select committee have been incorporated in the Surrogacy Bill. Both the Bills seek to curb unethical practices pertaining to issues ranging from sex selection to exploitation of surrogate mothers at the hands of prospective parents and agencies. The provisions include both monetary penalty as well as jail terms for violations.” He added that “these bills are aimed at giving respect to women facing problems in giving birth”.

The Surrogacy (Regulation) Bill, 2020, proposes to regulate surrogacy in India by establishing a National Surro gacy Board at the central level and state surrogacy boards and appropriate authorities in states and Union Territories. It allows any willing woman to act as a surrogate, and also lets widows and divorcees opt for surrogacy to have children. To safeguard the rights of a surrogate, the Bill proposes an increase in the insurance cover timeline for surrogate mothers to 36 months from the earlier 16 months.

This story is from the December 27, 2021 edition of India Legal.

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This story is from the December 27, 2021 edition of India Legal.

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