Indian Surrogacy (Regulation) Bill - 2016

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for introduction of the “Surrogacy (Regulation) Bill, 2016”.The Bill will regulate surrogacy in India by establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in the State and Union Territories. The legislation will ensure effective regulation of surrogacy, prohibit commercial surrogacy and allow ethical surrogacy to the needy infertile couples.All infertile Indian married couple who want to avail ethical surrogacy will be benefited. 

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Further the rights of surrogate mother and children born outof surrogacy will be protected. The Bill shall apply to whole of India, except thestate of Jammu and Kashmir.The major benefits of the Act would be that it will regulate the surrogacy services in the country. While commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes, ethical surrogacy to the needy infertile coupleswill be allowed on fulfilment of certain conditions and for specific purposes. As such, it will control the unethical practices in surrogacy, prevent commercialization of surrogacy and will prohibit potential exploitation of surrogate mothers and children born through surrogacy.No permanent structure is proposed to be created in the Draft Bill. 

• You Must Read  :  What is Surrogacy? How Many Types of Surrogacy ?

Neither there are proposals for creating new posts. The proposed legislation, while covering an important area is framed insuch a manner that it ensures effective regulation but does not add much vertically to the current regulatory structure already in place at the central as well as states. Accordingly, there will not be any financial implications except for the meetings of the National and State surrogacy Boards and Appropriate Authorities which will be met out of the regular budget of Centraland State governments.