The Surrogacy (Regulation) Bill, 2016
By PRS Legislative Research | 2016
In case there were any doubts, this short overview of the regulation in India is a helpful crib sheet on the legal status of commercial surrogacy in the country. Three main conditions included in the bill include:
- The intending couple must be Indian citizens and married for at least five years with at least one of them being infertile. The surrogate mother has to be a close relative who has been married and has had a child of her own.
- No payment other than reasonable medical expenses can be made to the surrogate mother. The surrogate child will be deemed to be the biological child of the intending couple.
- Central and state governments will appoint appropriate authorities to grant eligibility certificates to the intending couple and the surrogate mother. These authorities will also regulate surrogacy clinics.
For background and information on preceding legislation (2012), read BioNews on visa restrictions imposed by the Indian government on foreign intended parents.