The document discusses surrogacy, why couples opt for it, and key points of India's 2016 Surrogacy Bill. Surrogacy involves a woman carrying a baby for another who cannot. Couples opt for it when medical issues prevent pregnancy. The Bill allows surrogacy only for married, infertile Indian citizens and requires the surrogate be a close relative. It bans commercial surrogacy and sets penalties for related offenses. Key issues discussed are limiting eligibility, the lack of an appeals process, health risks if relatives donate eggs, and the intending couple having no say in abortion approval. Kiran Kapoor argues the bill should not restrict surrogacy to close relatives only and requests changing it to allow compensation instead of banning

1. Against Surrogacy Bill - 2016

2. What is Surrogacy
Surrogacy is a biological Method . In simple
words we can Understand this as the action of
a women having a baby for another woman
who is unable to do so herself .

3. Why Opt surrogacy
Couples opt for surrogacy when traditional means of conceiving a child have failed, this
also includes in-vitro fertilisation, or it is dangerous for the couple to get pregnant and give
birth. The following medical conditions usually necessitate surrogacy:
> Malformation of or infection in the womb
> Absence or removal of womb by hysterectomy
> Recurring miscarriages
> Repeated failure of IVF
> Other conditions that make impossibly or risky for a woman, such as severe heart
disease

4. Highlights of Surrogacy Bill - 2016
● Surrogacy is an arrangement whereby an intending couple commissions a surrogate mother to carry
their child.
● The intending couple must be Indian citizens and married for at least five years with at least one of
them being infertile. The surrogate mother has to be a close relative who has been married and has
had a child of her own.
● No payment other than reasonable medical expenses can be made to the surrogate mother. The
surrogate child will be deemed to be the biological child of the intending couple.
● Central and state governments will appoint appropriate authorities to grant eligibility certificates to
the intending couple and the surrogate mother. These authorities will also regulate surrogacy
clinics.
● Undertaking surrogacy for a fee, advertising it or exploiting the surrogate mother will be punishable
with imprisonment for 10 years and a fine of up to Rs 10 lakh.

5. Key Issues and Analysis
● The Bill permits surrogacy only for couples who cannot conceive a child. This
procedure is not allowed in case of any other medical conditions which could
prevent a woman from giving birth to a child.
● The Bill specifies eligibility conditions that need to be fulfilled by the
intending couple in order to commission surrogacy. Further, it allows
additional conditions to be prescribed by regulations. This may be excessive
delegation of legislative powers.
● The surrogate mother and the intending couple need eligibility certificates
from the appropriate authority. The Bill does not specify a time limit within
which such certificates will be granted. It also does not specify an appeal
process in case the application is rejected.

6. Key Issues and Analysis
● The surrogate mother must be a ‘close relative’ of the intending couple. The
Bill does not define the term ‘close relative’. Further, the surrogate mother
(close relative) may donate her own egg for the pregnancy. This may lead to
negative health consequences for the surrogate baby.
● For an abortion, in addition to complying with the Medical Termination of
Pregnancy Act, 1971, the approval of the appropriate authority and the
consent of the surrogate mother is required. The Bill does not specify a time
limit for granting such an approval. Further, the intending couple has no say
in the consent to abort.

7. Kiran Kapoor’s Views
Surrogacy bill 2016 is concerned in Rajya Sabha
Standing Committee.This bill has many good
point but if surrogacy will be only permitted to be
done only in close relatives,this point will not
allow million of infertile couple to have own
biological child.

8. Kiran Kapoor’s Views
Wheres from infertile couple bring such kind of relatives who
can dedicate one year for infertile relatives . The women with
uterine health issues like, uterus absent by birth, malformed
uterus, removed for any health reasons like cancer, recurrent
abortions/miscarriages, multiple ivf failures,
cardiac/renal/hypertension/diabetis kind of health issues feel
it as a boon in disguise, to take service of another women.

9. Kiran Kapoor’s Views
It should not be compared with something like
organ donation or slavery or utilisation of a
human for some unlawful purpose .

10. It is requested to change the commercial surrogacy into
compensate surrogacy.In the order to remove brokers in
surrogacy,surrogacy department should be joined in
CARA(Central adoption resource agency)
We have full faith in indian govt .
It is requested to chair person and members of surrogacy bill
committee to set expoitation free system for Indian natives.
Kiran Kapoor’s Views