Ending commercial surrogacy in India: significance of the Surrogacy (Regulation) Bill, 2016

Abstract

The introduction of the Surrogacy (Regulation) Bill, 2016 into Parliament, in August 2016, was a much-awaited response to citizen voices and human rights groups calling for action in the unregulated area of commercial surrogacy arrangements. Both houses of Parliament have reviewed the Bill, and its fate was to be decided in the Winter Session of Parliament, 2017. It is still unclear whether the Bill will come up for decision in the Budget Session that will reconvene on March 5, 2018. The market for infertility treatments has attracted to India global clients seeking access to surrogates and procedures at lower costs. The Bill seeks to protect the rights of women and children at risk of exploitation and commodification as third parties in infertility treatments that use assisted reproductive technologies. Can commercial surrogacy be allowed in a country where injustice, inequalities, and poorly implemented laws place vulnerable women and children at risk? The proposed Bill could shut the door on commercial surrogacy arrangements in India and bring regulation into this sector of medical services.

“The Miracle Mothers and Marvelous Babies”: Psychosocial aspects of surrogacy – A narrative review

“…The bill was reframed several times to ensure justice, safety and protect the rights as well as welfare for all parties involved in the surrogacy cycle. [ 39 48 51 52 53 ] ICMR has proposed several revisions over the past two decades,[ 51 52 53 54 55 56 57 ] in order to regulate the medical practice and protect the vulnerable Indian citizens from falling a prey to social and financial exploitation resulting from surrogacy arrangements. The most significant stance in the recent revisions (2016 onward) is the ending of Commercial surrogacy in the social welfare of women and child at risk.…”

“…The most significant stance in the recent revisions (2016 onward) is the ending of Commercial surrogacy in the social welfare of women and child at risk. [ 51 52 53 ] Altruistic surrogacy however is permitted under strict terms and conditions of the latest surrogacy bill, passed in 2018. [ 51 52 53 ]…”

“…[ 51 52 53 ] Altruistic surrogacy however is permitted under strict terms and conditions of the latest surrogacy bill, passed in 2018. [ 51 52 53 ]…”

Regulating the international surrogacy market:the ethics of commercial surrogacy in the Netherlands and India

“…Earlier guidelines from the Ministry of Health and Family Welfare, which were put forth in 2008 by the Indian Council of Medical Research, were not binding and were accused of promoting ART rather than regulating it (Bailey 2011 ; Vincent and Aftandilian 2013 ). Up until recently, the profit-seeking mechanisms governing the fertility industry, in the context of widespread poverty, could have created a situation where exploitation and commodification of women were more likely (Vincent and Aftandilian 2013 ; Timms 2018 ). For these reasons, prohibitions on commercial surrogacy were suggested (Gupta 2012 ).…”

“…Only after the higher house passes the bill will it become national law. It prohibits foreign nationals from commissioning surrogacy in India and exclusively reserves surrogacy for Indian, heterosexual, sub-fertile couples with a minimum of five years of marriage who will engage in an altruistic arrangement (Timms 2018 ). Below, we claim that it is not clear that the issues leading to the ban are inherently tied to the commercial aspect of surrogacy, demonstrating the need for a thorough ethical analysis.…”