Only married couples can now opt for surrogacy

[BeautifulGame]

The government on Wednesday 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 today, only allows childless couples who have married for at least five years to opt for “altruistic” surrogacy. Then too, the surrogate mother should be a close relative of the couple, should be married and have borne a child.

External Affairs Minister Sushma Swaraj said foreigners, NRIs and PIOs who hold Overseas Citizens of India cards have been barred from opting for surrogacy as “divorces are very common in foreign countries.”

According to the new Bill, a 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 carry somebody else’s child.

Without taking any names, Swaraj said it was “unfortunate” that couples, who have a boy and a girl 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.”

 

 

Swaraj headed the GoM that finalised the Bill in its current form, which deals solely with surrogacy, instead of the one that the department of health research has been working on for years now that sought to regulate all aspects of assisted reproductive practices. There are enough regulations on IVF, Swaraj said.

Swaraj’s summary dismissal of homosexuality, though in line with the Supreme Court’s order upholding Section 377 criminalising gay sex, is at odds with the opinion of her cabinet colleague Arun Jaitley. “When you have millions of people involved in this (gay sex), you can’t nudge them off… Jurisprudence world over is evolving, I think the judgment was not correct and, probably at some stage, they may have to reconsider,” Jaitley had said.

The Bill, which borrows heavily from UK’s altruistic surrogacy bill, has changed the British provision of allowing only blood relatives to “close relatives”, a term that will be further elaborated in the rules.

“In commercial surrogacy, one would just pay the surrogate mother and ensure that the mother and baby never come in touch. But in this case it is an open thing, there are no ethical issues. The child would know who the biological mother is because it is a close relative,” said Swaraj. If a couple does not have any close relatives, they should just opt for adoption, she said.

The reason we have not allowed a couple with a biological or adoptive child to commission another baby through surrogacy is because there is bound to be discrimination, if not at the time of bringing up the child, certainly when the question of property arises,” Swaraj said.

The bill has provision for a jail term up to 10 years and a fine of Rs 10 lakh for violations, such as abandoning the child and opting for commercial surrogacy.

http://indianexpress.com/article/india/india-news-india/surrogacy-bill-sushma-swaraj-married-couples-can-now-opt-homosexuals/

 

 

[gattaca]

So many restrictions. Too bad.so pio and oci are barred because of divorce what does that means ?

[gattaca]

 

Without taking any names, Swaraj said it was “unfortunate” that couples, who have a boy and a girl of their own, opt for surrogacy “just because it is fashionable”.

 

was this regarding shahrukh ?

[velu]

Even lord krishna is a surrogate son right [emoji57]

[beetle]

Other than the nonsense about 'homosexuality' and 'live in' relationship...any move to safe guard the right of the child and the surrogate mother should be welcome.

Surrogacy in many cases is an exploitation of the body of the poor woman.

I read cases of some parts of the country becoming surrogacy hubs where women are feeling obliged to be surrogates because some loan has to be paid or a new room has to be added to to the house. It is disgusting how  this is being considered as an option of earning money .Very often they add the social service argument that "they are helping childless couples".

 

The 'only married' couples probably came after the case of one couple from some other country ,who broke up during the gestation and the poor surrogate mother was left holding the baby.

 

In another case......the child born to the surrogate in India was  not entitled to have the passport of the parents country. The baby was held up in India for a long time .

 

Children are complete humans and they deserve laws that take care of their interests 

So many children in this country have no one to care for them. No need to bring in more children into this world unless the parents can guarantee the best interest of the child.

 

 

[maniac]

Agree....in India this is becoming a novelty....so not sure how serious same-sex partners take the institution of marriage in India or for the matter of fact rich elite who see surrogacy as a fad....we are still not mature enough to accept this as a whole....I am not talking about individuals but as a whole....so I agree.

 

Also Vice did a documentary recently on how India was becoming a hot destination for parents opting for surrogacy and then changing their mind in accepting the babies which 1) increases the already major problem of population.2)These poor mothers whose womb is exploited are left to fend for the kids and these are poor enough women to offer such a service to begin with anyway

 

Just keep your so politically correct stance aside for a while and think logically

[urbestfriend]

why bar commercial surrogacy? I dont understand if it helps the childless couple to have a child through surrogacy by paying money, it should be allowed.  If a poor woman is ready for surrogacy, hence earn some good money , so be it.

[Tibarn]

Good. 

[beautifulgame]

Agree....in India this is becoming a novelty....so not sure how serious same-sex partners take the institution of marriage in India or for the matter of fact rich elite who see surrogacy as a fad....we are still not mature enough to accept this as a whole....I am not talking about individuals but as a whole....so I agree.

 

Also Vice did a documentary recently on how India was becoming a hot destination for parents opting for surrogacy and then changing their mind in accepting the babies which 1) increases the already major problem of population.2)These poor mothers whose womb is exploited are left to fend for the kids and these are poor enough women to offer such a service to begin with anyway

 

Just keep your so politically correct stance aside for a while and think logically

Do u really think this is going stop commercial surrogacy or rich elite using it as a fad ?

This is India .

All this will ensure is surrogacy continued to be carried out illegally and usually the women who are exploited don't have any avenue to legally stop exploitation .

What would have been sensible is allowing commercial surrogacy but laws ensuring the future of the child and surrogacy mother by making those who want Surrogacy kids legally accountable .That's the way to stop exploitation .

There is nothing political correctness here .Just lack of common sense approach from Govt .

The same as those states that are banning liquor .

[beautifulgame]

Other than the nonsense about 'homosexuality' and 'live in' relationship...any move to safe guard the right of the child and the surrogate mother should be welcome.

Surrogacy in many cases is an exploitation of the body of the poor woman.

I read cases of some parts of the country becoming surrogacy hubs where women are feeling obliged to be surrogates because some loan has to be paid or a new room has to be added to to the house. It is disgusting how  this is being considered as an option of earning money .Very often they add the social service argument that "they are helping childless couples".

 

The 'only married' couples probably came after the case of one couple from some other country ,who broke up during the gestation and the poor surrogate mother was left holding the baby.

 

In another case......the child born to the surrogate in India was  not entitled to have the passport of the parents country. The baby was held up in India for a long time .

 

Children are complete humans and they deserve laws that take care of their interests 

So many children in this country have no one to care for them. No need to bring in more children into this world unless the parents can guarantee the best interest of the child.

 

 

Again how is this in any way protects the child or women who are exploited?

Unless I am mistaken they haven't introduced any measures to security and future of surrogacy mother or kids. They have just banned it completely .

Making commercial surrogacy legal but ensuring stern laws for protection of the kid and mother would have been a much better solution.

Banning it outright isn't a solution .It just will make it more expensive that can be done illegally.This will just increase the likelihood of poor surrogacy mother being left stranded after exploitation.

And banning commercial surrogacy means even the married couple will find it hard to get surrogacy.

[rkt.india]

On 8/24/2016 at 10:29 PM, velu said:

Even lord krishna is a surrogate son right

No

[Book_Worm]

 I had my little one through surrogacy. It is not a fad. I could not carry my child i had several miscarriages. Surrogacy was the last resort. I can't imagine my life without my son.

 

 

 

 

[Singh bling]

On 8/24/2016 at 10:31 PM, radhika said:

Children are complete humans and they deserve laws that take care of their interests 

So many children in this country have no one to care for them. No need to bring in more children into this world unless the parents can guarantee the best interest of the child.

 

 

Not true, there is actually very high demand for small babies for adoption. many couples are waiting  for months so they can adopt small babies.

Infact several times nurses are caught when they were selling babies to childless couples .The problem of so many children is different. There are many biological parents who don't take care opf their small children but will not give them for adoption.

 

The second problem is many children between age of 4-15 have no takers. most couples want small babies as they can recognise them as real 

parents

[beetle]

13 hours ago, beautifulgame said:

 

 

Again how is this in any way protects the child or women who are exploited?

Unless I am mistaken they haven't introduced any measures to security and future of surrogacy mother or kids. They have just banned it completely .

 

Making commercial surrogacy legal but ensuring stern laws for protection of the kid and mother would have been a much better solution.

 

Banning it outright isn't a solution .It just will make it more expensive that can be done illegally.This will just increase the likelihood of poor surrogacy mother being left stranded after exploitation.

 

And banning commercial surrogacy means even the married couple will find it hard to get surrogacy.

Do you think any woman wants to keep some strangers child inside her body for nine months.....her body ,blood and bones helping the child grow only to hand it over to the strangers after 9 months?It takes a toll on her body  physically and emotionally. Of course ,she gets money in return but how ethical is it to use  someone's body like this.

Can we allow the poor to sell one kidney and part of the liver for money because they can still live and earn .Where does it stop?

 

Woman in parts of the country are being pressurized to become surrogates to uplift the family.The social pressure to contribute for the well being of the 'family' is forcing women to become surrogates.Soon it will become a part of her duty towards the family.If she survives female infanticide and dowry harassment,there is always surrogacy  requirement that can make her life worse.Do we not have enough  social problems for women that we should let a new monster lay roots and turn it into a woman's duty.

 

Do you know majority of kidney donors in India are women ....mostly relatives....mothers,wives ,sisters. Why ? 

http://timesofindia.indiatimes.com/life-style/health-fitness/health-news/Women-outnumber-men-in-kidney-donation/articleshow/51323243.cms

There are less women in this country compared to men ...so why ?Because they are kinder and caring and sacrificing and will do anything for the family....so the society says . How many men gives their kidney to a suffering wife?When they do...it becomes headline.It is that rare. 

 

A wife is not even a biological match for the husband most times.....but now they have relay kidney donations.So, even if she is not a match...a match will be found with some stranger who will get a kidney for her husband . 

 

Do we really need  another means of exploitation of women?

 

Commercial surrogacy is banned in most parts of the civilized world .

An outright ban of commercial surrogacy is the best option because it is as wrong as organ selling by the poor.

 

As for kids ......allowing only married (hence legally committed) couples increases the chances of a stable home for the child. Most  marriages in India do survive specially if a child is involved.

 

Only allowing Indian married couples  also sorts out the legal problems that were being faced because of different laws in different countries.

 

Yes....This is a setback for couples who need surrogates for having a child. For them,surrogacy is still an open option .They do have the option of someone from their family helping them out. 

It is a setback for the fertility Gods that these doctors have become.......promising and selling wonders to the world and singing all the way to the bank .

 

Since the law  only allows married couples...it rules out live in couples and gay couples(since it is not legal in India....so same sex marriages are right now out of the question).The Minister could and should have been more careful with her wording.

 

It is a conservative  step but a right step in a country where life is not fair for a lot of people...the poor,women,children .This is a step in thee right direction. Nipping the monster in the bud.

 

 

 

 

Edited August 26, 2016 by radhika

[Singh bling]

On 8/24/2016 at 10:29 PM, velu said:

Even lord krishna is a surrogate son right

Balram , Krishna's elder brother was