The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for introduction of the "Surrogacy (Regulation) Bill, 2016".
The Bill will regulate surrogacy in India by establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in the State and Union Territories. The legislation will ensure effective regulation of surrogacy, prohibit commercial surrogacy and allow ethical surrogacy to the needy infertile couples.
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. The Bill shall apply to whole of India, except the state of Jammu and Kashmir.
The major benefits of the Act would be that it will regulate the surrogacy services in the country. While 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. As such, 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.
No permanent structure is proposed to be created in the Draft Bill. Neither there are proposals for creating new posts. 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 states. Accordingly, 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.
Background:
India has emerged as a surrogacy hub for couples from different countries and there have been reported incidents concerning unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy and rackets of intermediaries importing human embryos and gametes. Widespread condemnation of commercial surrogacy prevalent in India has also been regularly published in different print-and electronic media since last few years highlighting the need to prohibit commercial surrogacy and allow ethical altruistic surrogacy. The 228th report of the Law Commission of India has also recommended for prohibiting commercial surrogacy and allowing ethical altruistic surrogacy to the needy Indian citizens by enacting a suitable legislation.
Coup bans surrogacy for foreigners in Thailand
Bangkok (Indian Express) : Thailand’s military-picked legislature has passed a law that criminalizes commercial surrogacy and prohibits foreigners from seeking surrogacy services in the kingdom after a string of scandals last year.
Lawmaker Wanlop Tangkananurak said Friday that the law aims to stop Thailand from being a commercial surrogacy hub for foreign couples or “the wombs of the world.”
PARSIS CONSIDER SURROGACY TO BOOST POPULATION
Mumbai (By Jyoti Shelar, Mumbai Mirror) : Ultra orthodox in the community are debating if scriptures allow renting of a non-Parsi womb.
Parsis are considering the option of surrogacy under the government funded Jiyo Parsi scheme to boost the community's dwindling population. While a high priest who was consulted on the idea has given a conditional nod stating that the egg and the sperm has to be of the Parsi couple, the ultra orthodox in the community are debating over the rightness of renting a womb.
Parsis are considering the option of surrogacy under the government funded Jiyo Parsi scheme to boost the community's dwindling population. While a high priest who was consulted on the idea has given a conditional nod stating that the egg and the sperm has to be of the Parsi couple, the ultra orthodox in the community are debating over the rightness of renting a womb.
Surrogate Mothers Entitled to Maternity Leave, Benefits: HC
KOCHI: Expressing concern over lack of rules and regulations on
surrogacy, the Kerala High Court on Tuesday observed that there should
not be any discrimination towards women who adopt the method while
granting maternity leave and other benefits.
The court also observed that even in the absence of statutory framework, surrogacy in India is not illegal.
Justice Dama Seshadri Naidu issued the directive on a petition filed by Geetha, Deputy General Manager, Kerala Livestock Development Board, challenging her employer’s decision to decline her maternity leave to look after a baby obtained through surrogacy.
The Board rejected her request on the ground that the Board’s regulations did not allow providing leave to a woman employee who got a baby through surrogacy.
Counsel for the petitioner Thushara James submitted that maternity, either through biological process or through surrogacy, is the same for all the intended benefits. Motherhood does not end with a delivery of a baby, but continues, with more vigour, through the process of child-rearing, which is an equally difficult task. The court said the petitioner was entitled to all post-delivery benefits sans the leave for improving the health of the mother after delivery.
Child specific statutory benefits, if any, could be extended to the petitioner. She is eligible for two breaks of the prescribed duration for nursing the child until the child attains the age of 15 months.
The petitioner also contended that motherhood was an integral part of womanhood and with the advanced assisted reproduction techniques in place, one could not cling to the traditional meaning of maternity.
Sumathi Dandapani, counsel for the Board, submitted that the petitioner went on leave with an excuse that she has to take care of a newborn.
For Detail Judgement : Kerala High Court Judgement
Ref:http://www.newindianexpress.com/states/kerala/Surrogate-Mothers-Entitled-to-Maternity-Leave-Benefits-HC/2015/01/07/article2607030.ece
The court also observed that even in the absence of statutory framework, surrogacy in India is not illegal.
Justice Dama Seshadri Naidu issued the directive on a petition filed by Geetha, Deputy General Manager, Kerala Livestock Development Board, challenging her employer’s decision to decline her maternity leave to look after a baby obtained through surrogacy.
The Board rejected her request on the ground that the Board’s regulations did not allow providing leave to a woman employee who got a baby through surrogacy.
Counsel for the petitioner Thushara James submitted that maternity, either through biological process or through surrogacy, is the same for all the intended benefits. Motherhood does not end with a delivery of a baby, but continues, with more vigour, through the process of child-rearing, which is an equally difficult task. The court said the petitioner was entitled to all post-delivery benefits sans the leave for improving the health of the mother after delivery.
Child specific statutory benefits, if any, could be extended to the petitioner. She is eligible for two breaks of the prescribed duration for nursing the child until the child attains the age of 15 months.
The petitioner also contended that motherhood was an integral part of womanhood and with the advanced assisted reproduction techniques in place, one could not cling to the traditional meaning of maternity.
Sumathi Dandapani, counsel for the Board, submitted that the petitioner went on leave with an excuse that she has to take care of a newborn.
For Detail Judgement : Kerala High Court Judgement
Ref:http://www.newindianexpress.com/states/kerala/Surrogate-Mothers-Entitled-to-Maternity-Leave-Benefits-HC/2015/01/07/article2607030.ece
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