The practice of surrogacy has gained significant attention and undergone substantial transformations in recent years. To address the complexities and ethical concerns surrounding surrogacy, the Indian government introduced the Surrogacy Regulation Bill. This bill aims to establish stricter guidelines for couples opting for surrogacy, prohibit commercial surrogacy, and promote ethical altruistic surrogacy. Its ultimate objective is to prevent the exploitation of surrogate mothers and protect the rights of children born through surrogacy.
Background and Objectives of the Surrogacy Regulation Bill:
In the landscape of assisted reproductive technologies, surrogacy has become a viable option for couples facing infertility or other medical challenges. However, the practice has raised ethical and legal concerns, leading to the need for comprehensive regulations. The Surrogacy Regulation Bill is a response to these concerns, designed to ensure that surrogacy is conducted ethically, transparently, and with the utmost respect for the rights and well-being of all parties involved.
Key Provisions of the Surrogacy Regulation Bill:
The Surrogacy Regulation Bill introduces several key provisions that reshape the surrogacy landscape in India:
Prohibition of Commercial Surrogacy: One of the most significant changes brought about by the bill is the prohibition of commercial surrogacy. The bill aims to shift the focus from profit-oriented surrogacy arrangements to altruistic motives, ensuring that surrogacy is driven by ethical considerations rather than financial gains.
Emphasis on Ethical Altruistic Surrogacy: The bill permits only ethical altruistic surrogacy, wherein intending parents can seek a surrogate mother’s assistance if they are infertile and meet certain criteria. This shift towards ethical altruism promotes a more compassionate approach to surrogacy, emphasizing the intention to help couples realize their dream of parenthood rather than financial compensation.
Age and Eligibility Criteria for Intending Parents: The bill sets specific age criteria for intending parents. A female intending parent should be between 23 to 50 years of age, and a male intending parent should be between 26 to 55 years of age. This criterion aims to ensure that the parents are of an age suitable for responsible parenthood.
The Three-Step Process for Legally Issuing Permission for Surrogacy:
The Surrogacy Regulation Bill introduces a comprehensive three-step process for legally issuing permission for surrogacy. This process involves both state and district boards to ensure thorough scrutiny and compliance with the established guidelines.
- State Board Verification: The first step involves submitting an application along with necessary documents to the state board. The state board comprises learned doctors who verify the case on an individual basis, checking whether the intended parents fulfill the eligibility criteria for surrogacy. Documents such as an authority letter from a lawyer, affidavits from intended parents, Aadhaar cards, medical history, and a recommendation letter from a doctor are required. This step ensures that only eligible couples proceed with the surrogacy process.
- District Board Evaluation: The district board, composed of a magistrate first class, plays a crucial role in verifying the authenticity of the surrogate mother. The intended parents’ documents, along with those of the surrogate mother, are thoroughly examined. This step aims to ensure that the surrogate mother meets the necessary criteria and is voluntarily participating in the process. Once the district board is satisfied, a certificate is issued to the surrogate mother.
3. State Board Approval: The final step involves submitting the issued certificates to the state board for final approval. After thorough evaluation and due diligence, the state board approves the surrogacy process for eligible couples. This step ensures that the surrogacy process is legal, ethical, and well-regulated. Again the file along with the issued certificates will be submitted in the state board for final approval. Once approved the intended parents are good to go for the process of surrogacy.
Form to be filled for Legal Permission :
IN THE COURT OF………………………………………………………………………………………………………………………… Suit/Appeal No. …………………………………………………………………………………………JURISDICTION OF 201 In re:-
……………………………………………………………………………………………………Plaintiff(s) or Petitioner(s)
Appellant(s) Complainant(s)
VERSUS
……………………………………………………………………………………..Defendant (s)/ Respondent(s) / Accused Know all to whom these Present shall come that I/we …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………………………………..
The above named……………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………do hereby appoint
(herein after called the advocate/s) to be my / our Advocate in the above – noted case authorize him:-
To act, appear and plead in the above-noted case in this court or in any other court in which the same may be tried or heard and also in the appellate court including High Court subject to payment of fees separately for each court by me/us.
To sign file, verify and present pleadings, appeals cross-objection or petitions for executions review, revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution of the said case in all its stages subjects to payment of fees for each stage.
To file and take back documents, to admit and/or deny the documents of opposite party.
To withdraw or compromise the said case or submit to arbitration any differences of disputes that may arise touching or in any manner relating to the said case.
To take execution proceedings on paying separate fee.
To deposit, draw and receive money, cheques, cash and grant receipts hereof and to do all other acts and things which may be necessary to be done for the progress and in the course of the prosecution on the said case.
To appoint and instruct any other Legal Practitioner authorizing him to exercise the power and authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign the power of attorney on our behalf.
And I/we undersigned to hereby agree to ratify and confirm all acts done by the Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all intents and purpose.
And I/we undertake that I/We or my/our duly authorized agent would appear in court on all hearings and will inform the Advocate for appearance when the case is called.
And I/We undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the said case. The adjournment costs whenever ordered by the court shall be of the Advocate which he shall receive and retain for himself.
And I/we undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case until the same is paid up. The fee settle is only for the above case and above Court. I/We hereby agree that once the fee is paid, I /We will not be entitled for the refund of the same in any case whatsoever and if the case prolongs for more than 3 years the original fee shall be paid again by me/us.
IN WITNESS WHERE OF I/We do hereunto set my/our hand to these presents the contents of which have been understood by me/us on this ………………………………Day of……………………201 Accepted subject to the terms of the fees.
Advocate Client Client I Identify the Signature/Thumb Impression of Below Mentioned Person,
Signed in My Presence. The Client.
