RAJYA SABHA REFERS SURROGACY BILL TO SELECT PANEL VIJAYA LAKSHMI RAJU BASICS OF LAW Sat, Dec 07, 2019, at ,01:13 PM The government has referred a Bill that seeks to ban commercial surrogacy to a 23-member select committee of the Rajya Sabha. Health Minister Harsh Vardhan moved a motion in the Upper House on November 21 referring the Surrogacy (Regulation) Bill, 2019, to the select committee. The members approved the motion by voice vote. Rajya Sabha members had sought amendments in certain provisions of the Bill like the ones that only allow a close relative to act as a surrogate to couples who have been legally married for at least five years. The members had expressed their reservation on the condition of a close relative and five year of marriage of commissioning parents. “I move the motion that Surrogacy (Regulation) Bill, 2019 as passed by Lok Sabha be referred to a select committee of the Rajya Sabha consisting of the following members,” Vardhan said. The minister also said the panel has been instructed to submit its report to the Rajya Sabha by the last day of last week of the next session. However, Vardhan did not name the chairman of the committee. SURROGACY (REGULATION) BILL, 2019: The government introduced the Surrogacy (Regulation) Bill, 2019, in the Lok Sabha on July 15. The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple. It aims to ban commercial surrogacy and only close relatives will be permitted to act as surrogates to infertile couples for “ethical altruistic” reasons. Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy. Only Indian couples who have been legally married for at least five years would be allowed to opt for surrogacy, as per the statement of objects and reasons of the Bill. Foreigners, NRIs and PIOs are not allowed to seek surrogacy in the country. Under the Bill, homosexuals, single parents and live-in couples are also not entitled for surrogacy. Couples who already have children will not be allowed to go for surrogacy, though they would be free to adopt a child under a separate law. According to a government statement, India has emerged as a surrogacy hub for couples from different countries for the past few years. “Due to lack of legislation to regulate surrogacy, the practice of surrogacy has been misused by surrogacy clinics, which leads to rampant commercial surrogacy and unethical practices,” it noted. The Bill also provides for the constitution of surrogacy boards at national and state levels, as well as that the intending couples should not abandon such a child under any condition. Functions of the National Surrogacy Board (NSB) include advising the central government on policy matters relating to surrogacy, laying down the code of conduct of surrogacy clinics and supervising the functioning of State Surrogacy Boards (SSB). PURPOSES FOR WHICH SURROGACY IS PERMITTED: * For intending couples who suffer from proven infertility. * Altruistic. * Not for commercial purposes. * Not for producing children for sale, prostitution or other forms of exploitation. * For any condition or disease specified through regulations. Eligibility criteria for surrogate mother: * She has to be a close relative of the intending couple. * A married woman having a child of her own. * Her age has to be between 25 and 35 years. * A surrogate only once in her lifetime. * Have to possess a certificate of medical and psychological fitness for surrogacy. The Bill was passed by the Lok Sabha in December 2018 but lapsed as it could not get nod from Parliament.