Commercial surrogacy is banned in most developed countries, including Australia, UK, Canada, France, Germany, Sweden, New Zealand, Japan and Thailand. Now this bill bans it in India too. But the bill allows altruistic surrogacy, where women (near relative) can legally carry someone else’s child if no money (other than reasonable medical cost and insurance), favour or coercion is involved.
Under the proposed law, only proven infertile Indian couples who have been married for at least five years can opt for surrogacy, while those who already have a child cannot do so.
Only Indian nationals will be allowed for altruistic surrogacy. Foreign nationals or even NRI or OIC will not be allowed. Only married couples will be allowed to opt of surrogacy. Gay, single, live-in couples are not allowed. The marriage should be minimum of five years and the age of the woman should be from 23-50 and for the man 26-55.
The Bill has penalty provisions for those violating the law, when it comes into effect. The penalties include a huge monetary fine (10 lakh), and imprisonment (10 years) and even striking down the name from medical register. This will increase paper work. The records will now have to be kept for 5 years and not 2 years.