Surrogacy, its practice and the Law: India
This is a collection of articles archived for the excellence of their content. |
Nov 2015: Bombay HC relaxes bar on foreigners
The Times of India, November 7, 2015
HC relaxes surrogacy bar on foreigners
The Bombay high court in an interim order stayed the directive of the Centre and Indian Council for Medical Research banning surrogacy for foreign couples who are in the final stages of the process, reports Shibu Thomas. Hearing a petition filed by fertility clinics, the court's vacation bench said before introducing a sudden change in policy , prior notice should have been given.
The bench clarified that its order was restricted to cases in the middle of treatment. It asked the clinics to furnish details of such cases to the authorities and barred them from taking up fresh cases of surrogacy for foreign couples.
The Surrogacy (Regulation) Bill, 2016
The Indian Express, August 25, 2016
New surrogacy Bill bars married couples with kids, NRIs, gays, live-ins, foreigners
The government approved a bill that bans commercial surrogacy, and bars single people, married couples who have biological/ adopted children, live-in partners and homosexuals from opting for surrogacy.
The Surrogacy (Regulation) Bill, 2016, cleared by the Cabinet, only allows “altruistic surrogacy” for childless couples who have been married for at least five years. Then too, the surrogate mother should be a “close relative” of the couple, should be married and have borne a child of her own. Briefing the press after the Cabinet meeting, External Affairs Minister Sushma Swaraj said foreigners, NRIs and PIOs who hold Overseas Citizens of India (OCI) cards have also been barred from opting for surrogacy as “divorces are very common in foreign countries”.
New surrogacy Bill bars single parents, homosexuals, live-in couples, foreigners married woman who has at least one child of her own can be a surrogate mother only once in her lifetime. Childless or unmarried women are not allowed to be surrogate mothers. Without taking any names, Swaraj said it was “unfortunate” that couples, who already have a son and a daughter of their own, opt for surrogacy “just because it is fashionable”. Replying to a question, she said: “We do not recognise homosexual or live-in relationships, that is why they are not allowed to commission babies through surrogacy. It is against our ethos.”
