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What Is Surrogacy? Laws In India? The Surrogacy (Regulation) Bill,2019 – Free PDF Download

 

  • Priyanka Chopra Jonas and her husband Nick Jonas recently announced on social media that they have welcomed a baby via surrogate.
  • Sharing a note on Instagram tagging Nick, Priyanka wrote, “We are overjoyed to confirm that we have welcomed a baby via surrogate. We respectfully ask for privacy during this special time as we focus on our family. Thank you so much.”

What is Surrogacy?

  • Surrogacy is basically a type of pregnancy where a woman carries and gives birth to a baby for another woman who is unable to do so due to any reason.
  • Of late, this process has helped numerous people in experiencing parenthood. Even celebrities like Priyanka Chopra, Shilpa Shetty, and Shah Rukh Khan have welcomed their babies via surrogacy.

How does it work?

  • Surrogacy involves fertilizing the egg of a woman with the sperm of a sperm donor through medical procedures to make an embryo.
  • This embryo is then implanted in the uterus of the surrogate mother, who carries and eventually gives birth to the baby. This method is sought by both men and women who wish to have a baby via surrogacy.

Types of Surrogacy

There are two type of surrogacy:

    1. Traditional Surrogacy
    2. Gestational Surrogacy

Traditional surrogacy

  • In this method, the surrogate mother gets artificially inseminated with the sperm of the father. The surrogate then carries and delivers the baby who then gets raised by his/her legal parents.
  • In traditional surrogacy, the surrogate mother is considered the biological mother of the baby as it was her egg that was fertilized. In some cases, parents also opt for a donor sperm that is used to fertilize the egg.

Gestational surrogacy

  • This technique involves gathering the eggs from the mother and fertilizing it with the sperm from the father before placing the embryo into the uterus of the gestational surrogate.
  • In this method, the surrogate has no biological link to the baby as the egg and sperm were both sourced from the legal parents.

Surrogacy (Regulation) Bill, 2020

  • Union Cabinet has approved the Surrogacy (Regulation) Bill, 2020.
  • The amended bill is reformed version of the draft legislation which was passed by Lok Sabha in August 2019 but its provisions, including that only a close relative of a couple can be a surrogate mother, had invited criticism.
  • The Surrogacy (Regulation) Bill, 2019 was introduced by the Minister of Health and Family Welfare in Lok Sabha on July 15, 2019.
  • It was passed in Lok Sabha on August 5, 2019.

Key Highlights

  • The Surrogacy (Regulation) Bill, 2020 aims at banning commercial surrogacy and allowing altruistic surrogacy.
  • While commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes, ethical surrogacy to Indian married couples, Indian-origin married couples and Indian single woman will be allowed on fulfillment of certain conditions.
  • The Bill allows a willing woman to be a surrogate mother and would benefit widows and divorced women besides infertile Indian couples.
  • It provides for the constitution of surrogacy boards at the national as well as state levels to ensure effective regulation.
  • It seeks to allow ethical altruistic surrogacy to the intending infertile Indian married couple between the age of 23-50 years for females and 26-55 years for males.
  • Only Indian couples can opt for surrogacy in the country.
  • It makes it mandatory for the couple to obtain a certificate of essentiality and also a certificate of eligibility before going ahead with surrogacy.
  • It also provides that intending couples should not abandon the child born out of surrogacy under any condition. The newborn child shall be entitled to all rights and privileges that are available to a natural child.
  • The Bill also seeks to regulate the functioning of surrogacy clinics. All surrogacy clinics in the country need to be registered by the appropriate authority in order to undertake surrogacy or its related procedures.

  • The Bill provides for various safeguards for surrogate mothers. One of them is insurance coverage.
  • It also specifies that no sex selection can be done when it comes to surrogacy.

Question:

What type of ART is surrogacy classified as?

  1. Third part assisted
  2. In Virto Fertilization
  3. In Utero Fertilization
  4. Artificial Insemination

 

 

 

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