Commercial surrogacy: Govt for complete ban Sushma lashes out at celebs

A Bill proposing a complete ban on commercial surrogacy and allowing only legally wedded Indian couples to opt for children through it has been approved by the government. The move is aimed at curbing unethical practices in the country, which was emerging as a hub of commercial surrogacy.

The Bill, in effect, bars unmarried couples, single parents, live-in partners and homosexuals from opting for surrogacy. A violation will entail a jail term up to ten years and a fine of Rs 10 lakhs.

Even the legally wedded Indian couples have to be married for at least five years to have children through surrogacy.

Foreigners as well as NRIs and PIOs who hold Overseas Citizens of India cards have been also barred from renting out wombs.

Again, only "close relatives" of couples seeking children will be allowed to be surrogate mothers. A woman who offers her womb for the purpose will be able to do so only once as per the proposed legislation.

The woman wanting a child through the method will be the mother as per the proposed law. There is a provision under the measure for a contract to clear any ambiguity.

Only altruistic surrogacy will be allowed in a regulated form with some conditions, the Bill states. Another stipulation is that a woman seeking a surrogate child should be between 23 and 50 years of age and her husband should be between 26 and 55.

Again, a surrogate child will have equal rights as any other biological or adopted child over property.

External Affairs Minister Sushma Swaraj, while giving the details of the Bill at a Union Cabinet briefing, hit out at those misusing altruistic surrogacy, saying what had started in the name of necessity has become a "fashion". Referring to "big celebrities", though without naming them, Swaraj said they have opted for surrogacy and it has

become a trend. She said under the Bill, the procedure has been allowed for necessity and not "shauk" (fondness or fashion). "We have several examples of big celebrities who have their own children -- a boy and a girl -- still they have gone in for a surrogate child," she said. Shah Rukh Khan, Amir Khan and Tusshar Kapoor are some of the celebrities to have surrogate children. Kapoor is a single parent. "Permission (under the Bill) is for necessity, not shauk...there is no permission for cases in which the wife does not want to go through labour...you make a poor woman go through labour pain instead," she said. Responding to a question, Swaraj said live-in partners,single parents, homosexuals and widows can go for adoption but not surrogacy.