TRENDING TUESDAY ARTICLE
Surrogacy (Regulation) Bill 2016
Surrogacy is defined as a practice in which a woman gives birth to a child for an intending couple. Recently, the Surrogacy (Regulation) Bill, introduced by the Health and Family Welfare Minister Dr. Harsh Vardhan, passed in the Lok Sabha.
The need for such a bill can be realized by the following reasons:
- Preventing the exploitation of surrogate mothers for monetary benefit.
- Preventing the surrogate child against exploitation like prostitution, trafficking, or any other exploitation.
- Ensuring the legitimacy of the intending couple.
In the wake of concerns associated with such a sensitive matter, the bill tries to cover, comprehensively, all the issues which have raised or may arise. Some provisions of the Bill ensuring this are:
- 1. Eligibility criteria for the intending couple and surrogate mother :
- Certificate of Essentiality: Issued after appropriate examinations, tests and paperwork. Eg: Confirming infertility of the intending couple, written assent of the surrogate mother, etc.
- Certificate of Eligibility: Issued after thorough identification and inspection, by an appropriate authority of all parties involved. Eg: ensuring Indian citizenship of the intending couple.
- Appointment of appropriate authority to oversee the functioning of surrogacy practices.
- Mandatory registration of all surrogacy clinics under the concerned authority.
- Formation of National Surrogacy Board(NSB) and State Surrogacy Board(SSB):
- SSBs oversee the secure and smooth functioning of surrogacy practices.
- NSB oversees the Functioning of SSBs and also advice the government on policy matters related to surrogacy.
- Strict laws and penalties for notwithstanding any provision in the bill or exploitation of the provisions in any other way.
The Bill, however, may have a couple of concerns associated:
- No government aid, medical or financial, to the surrogate mother.
- Lack of awareness creating measures for the public on the matter.
The Bill is, undoubtedly, a major step towards security and support of surrogacy practices. It certainly reflects the transforming mindset of modern India.