2016 Surrogacy Bill Passed In Lok Sabha, New Rules And Regulations

The Surrogacy (Regulation) Bill of 2016, has been passed successfully by the Lok Sabha. On Wednesday it was passed by a voice vote after th...

The Surrogacy (Regulation) Bill of 2016, has been passed successfully by the Lok Sabha. On Wednesday it was passed by a voice vote after the House heard the whole details of the bill. Amid various discussions, this bill made to its final cut in 2016, with further corrections from thereon. Finally, at the year end of 2018, the bill has been passed and thus the Surrogacy (Regulation) Act, 2018, comes into existence.


Surrogacy is a legal arrangement made between people who want a child but they do not want to or can not give birth to the child. In such a scenario, another willing female is approached by the parents, to be able to become pregnant, carry and bear the child of others. The one giving birth would not be considered a parent of the child.

The new bill agrees to allow only 'Altruistic' type of Surrogacy. It is an agreement where the women volunteers to carry out the surrogacy without any monetary compensation for the task. Unlike in 'Commercial Surrogacy' where the Surrogate mother is paid for medical expenses and exorbitantly for the services rendered.


The Bill "Ensures effective regulation of surrogacy, prohibits commercial use, allows altruistic surrogacy especially tot he needy Indian Infertile Couples". NRIs and same-sex couples are not eligible to opt for Surrogacy as per the Surrogacy Act. Permits only tot he couples who 'Cannot Conceive'.


As per the rules set up by the Act, the surrogate mother and the couple need to get Eligibility Certificates to get into or to continue with the agreement. This would be given by a special appropriate authority. Choosing the Surrogate Mother is also mentioned in the bill. Only a 'Close Relative' of the proposed couple is eligible.

Only women who are of 25-35 years of age, with a child of her own can be selected for surrogacy. Once a surrogate mother to a child, the woman cannot become one again in her lifetime. Only once in a lifetime for the Surrogate mother. But, the couple can approach any other women filling the above conditions for their second child.


Not only the surrogate mother but also the couple have to follow certain guidelines. The husband must be of 26-55 years of age and the Wife must be of 23-50 years of age. They must be married to a minimum of Five years and should not already have children prior to Surrogacy.

In order to monitor and execute the law, constitution of a National Surrogacy Board with the aid and support of State Surrogacy Boards the bill is to be made complete. Violations of any kind will be penalised and can face imprisonment. Health Minister JP Nadda along with the Law Commission, with feedbacks and references, have made this act.



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All India Daily: 2016 Surrogacy Bill Passed In Lok Sabha, New Rules And Regulations
2016 Surrogacy Bill Passed In Lok Sabha, New Rules And Regulations
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