PM Modi's government cleared  the Surrogacy (Regulation) Bill, 2016 and this bans commercial surrogacy in the country. This bill comes as a shock to foreigners, homosexual couples, people in live-in relationships and single individuals as they are barred from surrogacy. 


Only childless, straight Indian couple married for a minimum of five years eligible for surrogacy. Sushma Swaraj, Minister for External Affairs defended the role barring homsexuals from surrogacy. She said “Each country has to make laws that are aligned with our values, as per a legal framework. Homosexual couples are not recognised by law in India.”


Debate on surrogacy stared when  two-week-old Baby Manji Yamada was left stateless after the commissioning parents in Japan divorced during the pregnancy and the commissioning mother refused to accept the baby in 2008. Gujarat High Court during that time remarked “extreme urgency to push through legislation” which addresses such issues. Subsequently, the 228th report of the Law Commission of India recommended prohibiting commercial surrogacy and allowing ethical altruistic surrogacy to the needy Indian citizens by enacting a suitable legislation.

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The bill will apply to entire country except Jammu and Kashmir. The Bill also prohibits couples who already have biological or adopted children from commissioning babies through surrogacy.

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In the process Sushma Swaraj also attacked Bollywood celebrities like Salman Khan and Amir Khan saying  “rich people outsource pregnancies to poorer women because their wives cannot go through labour pain. We have put a complete stop to celebrities who are commissioning surrogate children like a hobby, despite having biological ones.”

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Important points in Surrogacy bill are as follows. 

1. The draft surrogacy Bill aims at regulating commissioning of surrogacy in the country in a proper manner.

2. As per the 2009 Law Commission Report, the artificial reproduction treatment industry is Rs. 25,000 crore industry.

3. The Bill aims to prevent exploitation of women, especially those in rural and tribal areas.

4. The Bill promises to ensure parentage of children born out of surrogacy is “legal and transparent.”

5. The new Bill proposes complete ban on commercial surrogacy.

6. As per the Bill, only legally-wedded Indian couples can have children through surrogacy, provided at least one of them have been proven to have fertility-related issues.

7. Foreigners, even Overseas Indians, are barred from commissioning surrogacy.

8. A woman will be allowed to become a surrogate mother only for altruistic purpose and under no circumstances money shall be paid to her, except for medical expenses.

9. Unmarried couples, single parents, live-in partners and homosexuals cannot opt for surrogacy as per the new bill.

10. Surrogacy regulation board will be set-up at Central and State-level.


Many Gynaecologists and infertility specialists are angry that surrogacy being equated with indulgence as they said it is most often the last resort for people wanting a child. Hari G Ramasubramanian, surrogacy law expert and founder of Indian Surrogacy Law Centre and Gift Life Egg bank, Chennai. He questioned: “How many people actually have someone who will be willing to be a surrogate.”


He said the bill banned even egg donation and it prevents people from seeking IVF treatment. 


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