SURROGACY:

Explanation and parties involved

 Surrogacy is a process under which a women(known as
surrogate mother) legally bound through a contract to carry &
deliver the child of a straight Indian married couple only.
(As per the Surrogacy regulation bill 2018)

 Before passing of this bill Homosexual couple, Single parent,

gay couple can also use this process to get a child but after
passing of this bill they are not allowing to do so.

 Parties Involved:
1)Intended Mother
2)Intended Father
3)I.V.F clinic
4)Surrogate mother
General TYPES of Surrogacy
 Traditional surrogacy  Gestational Surrogacy
In this kind of In this type of Surrogacy,
surrogacy only Combination of Intended
mother’s egg and intended
father’s sperm from father’s sperm injected in
the couple injected the surrogate mother.
into the surrogate (This type of surrogacy
mother. usually preferred because
biological mother will be
the one whose eggs are used
AND surrogate mother will
be used as just a birth
mother.)
Types of Surrogacy(On the basis of
Surrogate mother)
Altruistic Surrogacy Commercial Surrogacy
 In this kind of surrogacy  Under this kind, the womb
mother(Surrogate) receives of a lady is purchased by
no reward from the the couple by providing
couple. monetary rewards.
 Usually she is a close
(After passing of Surrogacy
relative of the couple.
bill, 2018 this kind of
(After Surrogacy bill, 2018
surrogacy has been banned
this kind of surrogacy is the
only option left for public from INDIA.)
in general)
Laws for Surrogacy In India
• In India surrogacy has been legalized by the supreme court in
2002.
• No laws were present in India for Surrogacy and then Surrogacy
bill comes into the highlight.

• Why we need for the regulation:

 In 2008, a Japanese couple commissioned a baby in Gujarat. The
surrogate mother gave birth to a healthy baby girl, by then the
couple had separated and the baby was both Parent-less and
stateless.
 In 2012, An Australian couple who had twins by surrogacy,
rejected one because the child had deformity and took home
other.
Highlights of Surrogacy(Regulation)
bill,2018
 This bill makes it mandatory for surrogate mother to be married
and to be close relative of the couple going to have a child.
 Surrogate mother should b/w the age of 25-35.
 Couple wishing to have a child through surrogacy should be
married for a minimum 5 years and should have tried all the
available ART(Assisted reproductive technology) methods.
 This bill provides the formation of National surrogacy board, State
surrogacy board, And appointment of appropriate authorities .
(These authorities will check if a couple is married from minimum
5 years or not, If the couple has tried all the ARTs or not, In
nutshell these authorities will check the eligibility of the couple.)
• If someone find out violating this law then he/she can earn 10
years in jail with fine of 10 lakh.
My opinion over Surrogacy(Regulation)
Bill, 2018:
 My opinion over this bill is quite Neutral as I agree to both pros and cons of the
bill. But still I would like to say that it’s great step by our government.
• PROs of this bill :
 As the main intention of the bill was to stop Commercial use of Surrogacy as
there was no regulations as such and that is fulfilled by the bill And it prevents
Exploitation of women.
E.G: Foreigners was coming to India and hire a surrogate mother who is in need
of money and if a child born out with deformity they deny to take him/her
with them. And it is in actual completely against the concept of Human Dignity.

 As mother needs a good natal meal after giving birth to a child, Surrogate
mothers(Usually in case of Commercial surrogacy) in India were not providing
such meal and that can even causes to death of surrogate mother. But this law
prevents Commercial surrogacy and that’ll be a great help for them.
• CONs of the bill:
 If you are suffering from infertility it becomes very hard
for you to find out such a relative who will help you in this
because people do not even tell it to their family that they
are infertile. (As it is a kind of social stigma and people do
not want to discuss it,)
 There is a high chances that this business of Commercial
surrogacy can go underground and people will started
doing this illegally .
And then Surrogate mothers can’t even go to the courts
for their problems.