Surrogacy is an arrangement where a woman (the surrogate mother) carries and delivers a child for another person or couple (the intended parents) who will become the child's legal parent(s) after birth. Surrogacy arrangements are sought when women are unable to conceive or carry a child themselves either due to medical reasons or personal choice. There are different types of surrogacy arrangements such as traditional, gestational, commercial, and altruistic surrogacy. Traditional surrogacy involves using the surrogate mother's egg while gestational surrogacy uses the intended mother's or donor's egg and the intended father's sperm.

However, commercial surrogacy is prohibited in many countries, and it is difficult to find a surrogate mother. India has become a hotspot for such services, with affordable rates and easy availability. Unfortunately, this has led to rampant unethical practices where surrogates are exploited and infant trafficking is carried out. Several countries such as Sweden, Norway, France, and Italy have completely prohibited surrogacy. In contrast, some countries like the UK, the USA, and Australia allow altruistic surrogacy arrangements.

Bill's Objective:

The Surrogacy (Regulation) Bill, 2019 aims to protect the rights of surrogate mothers, the child, and the intended parents. It proposes to set up a national surrogacy board and state surrogacy boards to regulate surrogacy arrangements. Commercial surrogacy will be prohibited, and only altruistic surrogacy will be permitted in exceptional cases. Intending parents will have to be Indian citizens, married for at least five years, and have a medical certificate stating their infertility. The surrogate mother will have to be a close relative of the intending parents, married and have a child of their own. The bill contains provisions for the protection of surrogate mothers, ensuring their medical and mental health, and preventing exploitation. The child born via surrogacy will be deemed the biological child of the intending parents and will be entitled to all rights and privileges.

In conclusion, the Surrogacy (Regulation) Bill, 2019 intends to curb unethical practices in surrogacy arrangements, protect the rights of all parties involved and bring about a transparent, regulated and ethical process for surrogacy in India.

The Surrogacy (Regulation) Bill of 2019 outlines regulations for surrogacy clinics, limiting procedures to designated clinics while prohibiting unqualified professionals from offering services. The bill bans clinics from conducting abortions without consent and authorization from appropriate authorities. Additionally, surrogacy clinics are prohibited from storing embryos and conducting sex selection for surrogate children.

The Bill prohibits commercial surrogacy but permits altruistic surrogacy, which does not involve financial compensation beyond medical expenses and insurance coverage. Surrogacy is only permitted for intended couples who suffer from infertility and who are not participating in commercial purposes. Surrogacy is also not permitted for producing children for sale, prostitution, or exploitation.

Surrogacy clinics must be registered by the appropriate authority and meet eligibility criteria for intending couples and surrogate mothers. A certificate of essentiality and eligibility is issued to intending couples who meet specific conditions, including the absence of surviving children. A surrogate mother must be an in-depth relative of the intending couple, a married woman with a child of her own, and between 25 to 35 years old.

The bill designates appropriate authorities to enforce and regulate surrogacy clinics, investigate breaches and recommend regulations.

Child born out of surrogacy procedures is deemed to be the biological child of the intending couple, and the surrogate mother must give written consent for an abortion. The bill imposes penalties of up to ten years imprisonment and fines of up to Rs. 10 lakh for offenses under the bill.

In conclusion, the Surrogacy (Regulation) Bill of 2019 outlines regulations for surrogacy in India, including restrictions on commercial surrogacy, eligibility criteria for intending couples and surrogate mothers, appropriate authorities to enforce regulations, and penalties for offenses under the bill.

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[1] On December 28, 2015, Deiya Goswami wrote an article titled "Lending the Womb - Surrogacy" which can be found on iPleaders. It discusses different types of surrogacy, the factors that cause surrogacy, and the rights that surround this practice.

[2] Also on iPleaders, Bag published "Regulating Babies' Factory in India - Surrogacy and the Law" on December 12, 2014, which analyzes the laws and regulations surrounding surrogacy in India.

[3] Amartya (as cited in Bag, 2014)

[4] PL published "Surrogacy in India: Ethical and Legal Aspect" in 2020, authored by Gerard Pradeep Devnath and Senthil Kumaran. The article delves into the ethical and legal considerations surrounding surrogacy.

[5] Astha Srivastava published an article titled "The Surrogacy Regulation (2019) Bill of India: A Critique" in PL in 2021, which critiques the Surrogacy Regulation Bill in India and examines its potential effects.