GS Mains Model Question & Answer: The Surrogacy Bill 2016
bars married couples with kids or adopted children from commissioning babies
Q. The Surrogacy Bill 2016 bars married couples with
kids or adopted children from commissioning babies through surrogacy. (12.5
(General Studies Mains Paper III- Science and Technology : Bio-technology
Model Answer :
The 228th report of the Law Commission of India has recommended for
prohibiting commercial surrogacy and allowing ethical altruistic surrogacy to
the needy Indian citizens by enacting a suitable legislation.
The draft Surrogacy bill has several checks on who is an eligible candidate
for surrogacy, and also has restrictions on who can be a surrogate mother. The
government, in this legislation, has also tried to define a couple in "need" for
a surrogate child. All infertile Indian married couple who want to avail ethical
surrogacy will be benefited. Further the rights of surrogate mother and children
born out of surrogacy will be protected.
Salient features of the proposed draft bill :
1. The health ministry has proposed to amend the surrogacy laws in India
because of increase in commercial surrogacy in India.
2. The bill effectively bans foreigners to seek an Indian surrogate mother. This
includes non-resident Indians (NRIs).
3. The proposed law allows heterosexual married Indian couples with "proven
infertility" to try the surrogacy route.
4. You have to be married for at least five years before approaching a surrogate
mother, according to the proposed legislation.
5. If you're a heterosexual married couple who have proven infertility, and you
find someone who agrees to be a surrogate mother, you can't pay her.
6. If you're a heterosexual couple who have proven infertility, and you have
found someone who agrees to be a surrogate mother without payment, you have to
make sure that person is a "close relative".
7. If you have a child already, or you adopted a child in the past, you can't
approach a surrogate mother.
8. If you already have a surrogate child, you cannot approach a surrogate mother
a second time.
9. The government has proposed that it will establish a National Surrogacy Board
at the central level, chaired by the health minister, and State Surrogacy Boards
and appropriate authorities in the states and union territories to overlook all
cases of surrogacy and regulate hospitals and clinics that offer this in India.
10. The Bill shall apply to whole of India, except the state of Jammu and
1. The major benefits of the Act would be that it will regulate the surrogacy
services in the country.
2. Commercial surrogacy will be prohibited including sale and purchase of human
embryo and gametes, ethical surrogacy to the needy infertile couples will be
allowed on fulfilment of certain conditions and for specific purposes.
3. It will control the unethical practices in surrogacy, prevent
commercialization of surrogacy and will prohibit potential exploitation of
surrogate mothers and children born through surrogacy.
1. No permanent structure is proposed to be created in the Draft Bill.
Neither there are proposals for creating new posts.
2. The proposed legislation, while covering an important area is framed in such
a manner that it ensures effective regulation but does not add much vertically
to the current regulatory structure already in place at the central as well as
3. There will not be any financial implications except for the meetings of the
National and State surrogacy Boards and Appropriate Authorities which will be
met out of the regular budget of Central and State governments.