A presentation on the Surrogacy in India

1. SURROGACy

2. M/s. Giridhar & Sai

3. MAIN CLASSIFICATION OF SURROGACY
 BIOLOGICAL SURROGACY ------------------ TRADITIONAL SURROGACY
GESTATIONAL SURROGACY
 MONETORY SURROGACY------------------- ALTRUISTIC SURROGACY
COMMERCIAL SURROGACY
M/s. Giridhar & Sai

4. EXPLANATION ABOUT TYPES OF SURROGACY
 TRADITIONAL SURROGACY- THE SURROGATE IS THE BIOLOGICAL MOTHER OF THE SURROGATED
CHILD OR IN OTHER WORDS , THE FARTHER ALONE IS THE BIOLOGICAL PARENT OF THE
COMMISSIONING COUPLE AND THE SURROGATE IS THE BIOLOGICAL MOTHER.
 GESTATIONAL SURROGACY- THE SURROGATE ONLY RENTS HER WOMB AND THE INTENDING
COUPLE (BOTH HUSBAND AND WIFE) IS THE BIOLOGICAL PARENT OF THE CHILD.
 ALTRUISTIC SURROGACY- SURROGACY IS DEVOID OF COMPENSATON OR MONETORY BENEFIT,
EXCEPT MEDICAL EXPENSES AND THE SURROGATE IS A KIN OF THE INTENDING COUPLE.
 COMMERCIAL SURROGACY- THE SURROGATE IS A THIRD PERSON WHO HAS CONSENTED FOR
SURROGACY FOR MONETORY GAINS. OFTEN THE IDENTITY OF SUCH SURROGATE IS
UNDISCLOSED.
M/s. Giridhar & Sai

5. WHAT SURROGACY???????
M/s. Giridhar & Sai

6. WHAT IS MEANT BY SURROGACY?????????
Surrogacy
Surrogacy is an arrangement, often supported by a
legal agreement, whereby a woman agrees to bear a
child for another person or persons, who will become
the child's parent(s) after birth.
M/s. Giridhar & Sai

7. LET’S SEE ABOUT INTERESTING FACTS ABOUT
SURROGACY
M/s. Giridhar & Sai

8. DID YOU KNOW?
THE WORD SURROGATE IS
FREQUENTLY MISUSED.
SURROGATE IS CORRECT ONLY
WHEN A GESTATIONAL CARRIER IS
ALSO THE EGG DONOR. BECAUSE
THIS IS LEGALLY AND
PSYCHOLOGICALLY COMPLEX,
TRADITIONAL SURROGATES ARE
ALMOST NEVER USED.
GESTATIONAL CARRIER IS THE
PROPER TERM FOR THE VAST
MAJORITY OF SURROGACY
ARRANGEMENTS.
M/s. Giridhar & Sai

9. Surrogacy
Regulation Bill
2019
RECENTLY SURROGACY
(REGULATION) BILL WAS PASSED
IN LOK SABHA.
THERE ARE ETHICAL CONCERNS
SURROUNDING THIS ISSUE THAT
HAS BEEN REKINDLED DUE TO
THE PASSAGE OF THE BILL.
THE SURROGACY (REGULATION)
BILL, 2019 WAS INTRODUCED BY
THE MINISTER OF HEALTH AND
FAMILY WELFARE IN LOK SABHA
ON JULY 15, 2019. IT WAS
PASSED IN LOK SABHA ON
AUGUST 5, 2019
M/s. Giridhar & Sai

10. Surrogacy
Regulation Bill
2019
THE BILL DEFINES SURROGACY AS A PRACTICE IN
WHICH A WOMAN GIVES BIRTH TO A CHILD FOR
AN INTENDING COUPLE WITH THE INTENTION OF
HANDING OVER THE CHILD AFTER BIRTH TO THE
INTENDING COUPLE.
THE BILL BANS COMMERCIAL SURROGACY, BUT
IT DOES ALLOW ALTRUISTIC SURROGACY.
ALTRUISTIC SURROGACY DOES NOT INVOLVE
MONETARY COMPENSATION TO THE SURROGATE
MOTHER OTHER THAN THE MEDICAL EXPENSES
AND INSURANCE COVERAGE DURING THE COURSE
OF THE PREGNANCY.
*COMMERCIAL SURROGACY IS SURROGACY OR
SUCH RELATED PROCEDURES UNDERTAKEN FOR
A MONETARY REWARD OR BENEFIT (IN CASH OR
IN KIND) APART FROM THE BASIC MEDICAL
EXPENSES AND INSURANCE COVERAGE
M/s. Giridhar & Sai

11. When Surrogacy is allowed
when it is:
(i) for intending couples who suffer from proven infertility; (
ii) altruistic;
(iii) not for commercial purposes;
(iv) not for producing children for sale, prostitution or other
forms of exploitation; and
(v) for any disease or condition specified through regulations.
M/s. Giridhar & Sai

12. Certificates for intending
Couple
The intending couple should have the following issued by the appropriate
authority:
• Certificate of essentiality:
• Certificate of eligibility
• Certificate of essentiality will be issued if the following conditions are
fulfilled:
A certificate of proven infertility of 1 or both members of the intending
couple from a District Medical Board; An order of parentage and custody
of the surrogate child passed by a Magistrate’s court; and Insurance
coverage for sixteen months that cover postpartum delivery
complications for the surrogate mother.
M/s. Giridhar & Sai

13. The certificate of eligibility to the intending couple
will be issued upon fulfilment of the following
conditions:
• The couple should be Indian citizens and married for at
least 5 years;
• The wife should be between 23 and 50 years old and
• The husband should be between 26 and 55 years old;
• The couple does not have any surviving child (biological,
adopted or surrogate); this would not include a child who is
mentally or physically challenged or suffers from life
threatening disorder or fatal illness; and Other conditions
that may be specified by regulations. M/s. Giridhar & Sai

14. WHO IS ELIGIBLE FOR OPTING
SURROGACY
• To obtain a certificate of eligibility from the appropriate authority,
the surrogate mother has to be:
• A close relative of the intending couple; A married woman with her
own child; 25 to 35 years old; A surrogate only once in her lifetime;
and Having a certificate of medical and psychological fitness for
surrogacy. Further, the surrogate mother cannot offer her own
gametes for surrogacy.Surrogacy clinics can undertake surrogacy
procedures only if they are registered by the appropriate authority.
Clinics must apply for registration within sixty days from the date
of appointment of the appropriate authority. M/s. Giridhar & Sai

15. Who are not eligible for opting
Surrogacy?
According to the Surrogacy (Regulation) Bill, the following persons are
debarred for opting surrogacy arrangement in India.
i. Single person
ii. Couples in live-in relationships
iii. Homosexual couples
iv. All Foreigners, including NRI and PIO and OCI
v. The heterosexual married Indian couples having a surviving natural, adopted or
surrogate child is not eligible for opting surrogacy for another baby and the couple who
have not completed five years of their marriage.
M/s. Giridhar & Sai

16. Surrogacy Agreements - Contract Terms
M/s. Giridhar & Sai

17. THE PARTIES: OUR
SURROGACY AGREEMENTS BEGIN BY
IDENTIFYING THE INTENDED PARENTS,
THE SURROGATE AND THE
SURROGATE’S HUSBAND (IF SHE HAS
ONE). THE EXPECTATIONS AND
OBLIGATIONS OF THE SURROGATE ARE
INCLUDED HERE AS WELL: THAT SHE
BELIEVES SHE IS ABLE TO CARRY A
CHILD, THAT SHE WILL ABSTAIN FROM
SEXUAL ACTIVITY WHEN TOLD TO BY
THE DOCTORS, THAT SHE WILL
REFRAIN FROM CERTAIN ACTIVITIES
AND THAT SHE WILL HONOR DIETARY
RESTRICTIONS THAT ARE AGREED
UPON. M/s. Giridhar & Sai

18. COMPENSATION:
COMPENSATION FOR THE
SURROGATE’S SERVICES IS THEN
SPELLED OUT SPECIFICALLY — HOW
MUCH WILL SHE RECEIVE TOTAL? HOW
WILL THIS BE PAID OUT? THERE ARE
ALSO COMPENSATION AMOUNTS
PROVIDED FOR UNEXPECTED EVENTS.
WHAT HAPPENS IF THE SURROGATE IS
PREGNANT WITH MULTIPLES? WHAT IF
THE IVF TRANSFER DOES NOT WORK?
WHAT IF THE SURROGATE IS PLACED
ON BED REST OR REQUIRES INVASIVE
PROCEDURES?
M/s. Giridhar & Sai

19. PARENTAGE AND
CUSTODY: FINALLY, THE
SURROGACY AGREEMENT ADDRESSES
THE UNDERSTANDING AS TO CUSTODY
AND PARENTAGE OF THE CHILD.
PROVISIONS MAY INCLUDE NO
CONTACT BY THE SURROGATE WITH
THE CHILD, ETC. WHILE PARENTAGE IS
ADDRESSED IN THE SURROGACY
AGREEMENT, INTENDED PARENTS WILL
ALSO NEED TO COMPLETE THE PRE-
BIRTH ORDER PROCESS TO ENSURE
THEY ARE RECOGNIZED AS THEIR
CHILD’S LEGAL PARENTS WHEN HE OR
SHE IS BORN.
M/s. Giridhar & Sai

20. SURROGACY
LAWS IN INDIA
• . IN THE LAST FEW YEARS INDIA HAS
BECOME THE MOST WELL-LIKED
REPRODUCTIVE TOURISM PLACE FOR
THE FOREIGN COMMISSIONING COUPLES.
• THIS IS BECAUSE OF MAINLY THREE
REASONS;
• THE FIRST AND FOREMOST REASON IS
THAT THERE IS STILL NO LAW IN INDIA
FOR GOVERNING SURROGACY. THESE
SITUATIONS HAVE ALLOWED THE ART
CLINICS TO PRACTICE AND FLOURISH
LIKE MUSHROOMS.
• THE SECOND IS THE LOW COST OF
SURROGACY AS COMPARED TO WESTERN
COUNTRIES. AND
• THE THIRD IS THE EASY AVAILABILITY
OF POOR FERTILE SURROGATE
MOTHERS. THIS HAS MADE INDIA AS A
POPULAR REPRODUCTIVE TOURISM
DESTINATION. M/s. Giridhar & Sai

21. Functions of NSB
and SSB
• THE CENTRAL GOVERNMENT SHALL
CONSTITUTE THE NATIONAL
SURROGACY BOARD (NSB) AND
THE STATE GOVERNMENTS SHALL
CONSTITUTE THE STATE
SURROGACY BOARDS (SSB).
• FUNCTIONS OF THE NSB INCLUDE
THE FOLLOWING:ADVISING THE
UNION GOVT.
• ON POLICY MATTERS RELATING TO
SURROGACY;
• ESTABLISHING A CODE OF
CONDUCT FOR SURROGACY
CLINICS; ANDSUPERVISING THE
FUNCTIONING OF SSBS.
M/s. Giridhar & Sai

22. OFFENCES
UNDER THE
BILL 2019
• THE OFFENCES UNDER THE BILL
INCLUDE: (I) UNDERTAKING OR
ADVERTISING COMMERCIAL SURROGACY;
• (II) EXPLOITING THE SURROGATE
MOTHER;
• (III) ABANDONING, EXPLOITING OR
DISOWNING A SURROGATE CHILD; AND
• (IV) SELLING OR IMPORTING HUMAN
EMBRYO OR GAMETES FOR SURROGACY.
• THE PENALTY FOR SUCH OFFENCES IS
IMPRISONMENT UP TO TEN YEARS AND A
FINE UP TO TEN LAKH RUPEES.
• THE BILL ALSO SPECIFIES A RANGE OF
OFFENCES AND PENALTIES FOR OTHER
CONTRAVENTIONS OF ITS PROVISIONS
M/s. Giridhar & Sai

23. CONCLUSION
*SURROGACY SERVES AS BLESSING
TO THE PINNING COUPLES AND AS
SOLACE TO THE STIGMATIZED WIFE
IN THE FORM OF A BUNDLE OF JOY.
WHAT COULD HAVE NOT BEEN
DONE NATURALLY HAD BEEN MADE
POSSIBLE ARTIFICIALLY.
THE DEGREE OF ACCEPTANCE BY
INTENDED PARENTS,MENTALITY IN
ACCEPTING THE CHILD BY ITS
INTENDED RELATIVES CANNOT GO
UNATTENDED.
M/s. Giridhar & Sai
B.PREETHI

24. CONCLUSION
• TO PUT IT IN A NUTSHELL,
SURROGACY HAS TO BE
STRINGENTLY REGULATED
ONLY TO THOSE WHO ARE
GENUINELY IN NEED OF IT
AND IT SHALL NOT
TRANSFORM TO BE
SYNONYMOUS WITH BABY
DESIGNING.
• THE ACKNOWLEDGEMENT OF
THE NEEDS AND RIGHTS OF
SURROGATE MOTHERS IS A
WELCOMING GROWTH BUT
THE SAME SHALL NOT FALL
PREY TO UNSCRUPULOUS
HANDS. M/s. Giridhar & Sai
B.PREETHI