Surrogacy

surrogacy and surrogacy regulation bill 2020

1. By- dr.jagrati panthi MBBS,DGO SURROGACY

2. Introduction The word ‘surrogate’ has its origin in Latin term “ Surrogatus ” which means a substitute, that is, a person appointed to act in the place of another. Surrogacy means the process whereby one woman bears and gives birth to a child for a couple with the intention of handing over child to intending couple after birth.

3. History of Surrogacy The first “official” legal surrogacy agreement was enacted in the mid- 1970 in US with the child who was referred to as baby M. The world second and india’s first IVF baby, kanupriya alias durga was born in kolkata on october 03 ,1978. Commercial surrogacy in india legalized in 2002 . Commercial surrogacy in india banned since 2016 (surrogacy regulation bill 2016)

4. Method Traditional surrogacy Gestational surrogacy

5. Traditional Surrogacy In the traditional case, the surrogate mother will be artificially inseminated with the sperm of the intended father or the sperm from a donor when the sperm count is low . Here the mother would be genetically related with the baby because in either case the surrogate’s own egg will be used . Due to this reason the two parties’ i.e. infertile couple and surrogate mother enter into a contract where surrogate mother is artificially inseminated with the sperm of male partner of that couple.

6. Gestational Surrogacy In gestational surrogacy, the pregnancy results from the transfer of an embryo created by IVF, in a manner so the resulting child is genetically unrelated to the surrogate .

7. Types Commercial surrogacy Altruistic surrogacy

8. Commercial surrogacy “Commercial surrogacy” means commercialisation of surrogacy services or procedures or its component including selling or buying of human embryo or gametes or services of surrogate motherhood by way of giving payment, reward, benefit, fees, remuneration or monetary incentive in cash or kind to surrogate mother or her dependent or representative except medical expenses and such other prescribed expenses incurred on surrogate mother and the insurance coverage for surrogate mother.

9. Altruistic Surrogacy “Altruistic surrogacy” means the surrogacy in which no charges, expenses, fees, remuneration or monetary incentive of whatever nature, except the medical expenses and such other prescribed expenses incurred on surrogate mother, are given to the surrogate mother or her dependent or her representative.

10. Surrogacy regulation bill 2020 Who can avail surrogacy Intending couple – means a couple who have a medical indication necessitating gestational surrogacy and who intend to become parents through surrogacy Intending woman –means an indian women who is a widow or divorcee between the age of 35 to 45 years and who intends to avail surrogacy.

11. Features of the Bill The intending couple has been married and are Indian citizens. When either or both are suffering from proven infertility. Age of intending couple is between 23 and 50 years in case of female and between 26 and 55 years in case of males on day of implantation.

12. Cont.. The couple has not had any surviving child biologically or through adoption or through surrogacy earlier, except when they have a child who is mentally or physically challenged or suffer from a life threatening disorder or a fatal illness . Intending couple shall not abandon the child born out of surrogacy under any condition.

13. Surrogate mother Only altruistic surrogacy allowed. Surrogate mother should be married woman having her on child and between age of 25 to 35 years on day of implantation. A willing women shall act as surrogate mother. No women act as surrogate mother by providing her on gamete. No woman shall act as surrogate mother more than once in her life time.

14. An insurance coverage of such amount and in such manner as may be prescribed in favour of the surrogate mother for a period of thirty six months covering postpartum delivery complications from an insurance company or an agent recognised by the insurance regulatory and development authority established under the insurance regulatory and development authority act, 1999 .

15. Rights of Surrogate Child A child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force .

16. Regulation of surrogacy clinic Only clinics registered under the act can conduct activities and procedure related to surrogacy. No surrogacy clinic, paediatrician, gynaecologist, human embryologist or any person shall avail commercial surrogacy in any form.

17. Offences and penalties Punishment for not following altruistic surrogacy is imprisonment for a term which may extend to 5 years and with a fine which may extend to 5 lakh rupees for the 1 st offences and for subsequent offence imprisonment up to 10 years and fine up to 10 lakh rupees.

18. Thanks