Posted under Fertility Treatment by Dr. Suchetana Sengupta

 

 

Brief Summary of the Indian Laws on ART and Surrogacy

A Brief Summary of Indian Laws in Relation to ART and Surrogacy

What do Shah Rukh Khan, Karan Johar, and Tusshar Kapoor have in common? Well, they are all A-listed Bollywood celebs, but we are not referring to that. All these celebrities have opted for surrogacy to expand their families.

In India, commercial surrogacy was legalised in 2002. And since then, a number of people and celebs have joined the bandwagon. India’s been a hotspot for couples who want child through surrogacy. The dust is yet to settle on legal regulations related to surrogacy in India. It’s still under debate. Here is what you need to know about the legal aspects of Surrogacy:

1. A draft of the ART (Assisted Reproductive Technology) Bill was prepared in 2010. However, this draft bill never passed as a law. The bill lays down several conditions and processes for surrogacy. It notes that there no regulations on how many times a mother may reproduce.
   
   
2. The ART bill also authorise single parents, both male and female, to have a child through surrogacy. In this case, the women need to prove that they cannot give birth while for men, there is no such condition.
   Source: http://indianexpress.com/article/research/karan-johar-surrogate-children-yash-roohi-what-are-the-surrogacy-in-laws-in-india-here-is-everything-you-need-to-know-4555077/
   
   
3. In November 2016, the Surrogacy (Regulation) Bill, 2016 was introduced in Lok Sabha. The cabinet has approved the bill, but it is yet to be passed as a law. The Bill allows only couples who cannot conceive a child to use surrogacy as a way to expand their family. Under this bill, surrogacy isn’t allowed in case of any other medical conditions that may prevent a woman from conceiving.
   
   
4. Under this bill, the surrogate mother and the couple opting for surrogacy need eligibility certificates from the authorities.  However, this Bill does not specify a time limit within which the couple may be granted these certificates. It also doesn’t mention the next step in case the application for surrogacy is rejected.
   
   
5. The bill states that the surrogate mother must be a ‘close relative’ of the couple. However, the term “close relative” is not clearly defined in the Bill.
   Source: http://www.prsindia.org/billtrack/the-surrogacy-regulation-bill-2016-4470/
   

Surrogacy Clinic

Although surrogacy has become pretty common in most parts of the country, people still are unclear about the surrogacy cost in Kolkata and other cities. It is best to get in touch with the surrogacy clinics for having a complete understanding of the issue. For any further details, get in touch with Care IVF at www.careivfkolkata.com/WhyCareIVF/ContactUs.

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