Rajya Sabha refers Surrogacy Bill to select committee amid multiple objections

After three consecutive days of debate on Surrogacy (Regulation) Bill, 2019, Rajya Sabha on Thursday, has referred Bill to a Select Committee of Rajya Sabha. Bill which was taken up for discussion in Upper House on Tuesday, but had to be deferred on Wednesday after several Opposition MPs objected to several provisions of bill. bill which seeks a ban on commercial surrogacy was passed by Lok Sabha in monsoon session on 5 August 2019.

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Objections to Surrogacy Bill

Earlier on Wednesday, bill had garnered support by most members cutting across party lines, as per PTI. But many members had reportedly sought modifications in provisions such as time frame for abortion, time limit of and prior informed consent. Apart from this, some members provisions for allowances and insurance along with maternity leave for surrogate mor, besides relaxation in numbers of surrogacy, according to PTI.

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What is Surrogacy (Regulation) Bill?

Surrogacy (Regulation) Bill, 2019 was introduced by Union Minister of Health and Family Welfare Dr. Harsh Vardhan in Lok Sabha. Bill prohibits commercial surrogacy allowing only altruistic surrogacy (surrogacy which involves monetary compensation), as explained PRS. Bill defines also defines surrogacy in terms of intending couple and woman gives birth - with intention to hand over child after birth.

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Here are some of salient features of Bill:

• Bill prohibits commercial surrogacy and allows monetary compensation to surrogate mor or than medical expenses and insurance cover during pregnancy.

• Furrmore, Bill states that surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) t for commercial purposes; (iv) t for producing children for sale, prostitution or or forms of exploitation; and (v) for any condition or disease specified through regulations.

• Moreover intending couple should have a ‘certificate of essentiality’ fulfilling  following conditions: (i) couple being Indian citizens and married for at least five years; (ii) between 23 to 50 years old (wife) and 26 to 55 years old (husband); (iii) y do t have any surviving child (biological, adopted or surrogate) and (iv) or conditions that may be specified by regulations.

• surrogate mor too has to be: (i) a close relative of intending couple; (ii) a married woman having a child of her own; (iii) 25 to 35 years old; (iv) a surrogate only once in her lifetime; and (v) possess a certificate of medical and psychological fitness for surrogacy.

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