MEDICO LEGAL ISSUES In Surrogacy Guidelines of G.O.I 2016 DR. SHARDA JAIN Dr. Jyoti Agarwal

1. DR. SHARDA JAIN
Dr. Jyoti Agarwal
Senior Consultant Gynaecologists
Infertility and Reproductive Medicine EXPERT
MEDICO LEGAL ISSUES
In Surrogacy
Guidelines of G.O.I 2016

2. New Surrogacy guidelines of G.O.I
Sourcing of Donor Oocytes and
Surrogate Mothers

3. SURROGACY
guidelines 2016
Now under review by standing
committee of Rajya sabha

4. • NEW Draft Guideline
BANS commercial surrogacy
“RENT –A- WOMB” TRADE,
• for foreigners
• Single persons and
• Divorcees
for surrogate births

5. • Foreigners as well as NRIs and
PIOs who hold Overseas
Citizens of India (OCI cards)
have been barred from opting
for surrogacy
Sushma Swaraj ,Hon Foreign minister

6. “Celebrities & Bollywood Actors
• “Celebrities and Bollywood Actors ”
who not only have one but two children ,a
son and a daughter , have gone ahead with
surrogacy , out of fashion , is banned.
• Surrogacy is only for those who need it and
will not be permitted for reasons such as
avoidance of labour pains
sushma swaraj.Hon Health Minister

7. •SURROGACY is ONLY
FOR MARRIED
INDIAN COUPLES
• DRAFT of Guidelines …
BARS SINGLE PERSONS BOTH
INDIAN AND FOREIGNERS ..

8. When Surrogacy will be Allowed
• The intending couple has been married
for at least five years and are Indian
citizens
• When either or both are suffering from
proven infertility
• When it is only for ALTRUISTIC SURROGACY
• When it is not for commercial purposes
or for commercialization of surrogacy

9. WHEN SURROGACY WILL BE ALLOWED
• No person other than a close
relative of the intending couple
shall act as surrogate mother
• No woman shall act as surrogate
mother more than once in her
lifetime

10. WHEN SURROGACY WILL BE ALLOWED
• Age of the intending couple is
between 23 and 50 years in case
of the female member and
between 26 and 55 years in case
of the male member on the day
of certification

11. WHEN SURROGACY WILL BE ALLOWED
• The couple has not had any
surviving child biologically or
through adoption or through
surrogacy earlier, except when they
have a child who is mentally or
physically challenged or suffers from
a life –threatening disorder or a
fatal illness

12. WHEN SURROGACY WILL BE ALLOWED
• The intending couple shall not
abandon the child born out of
surrogacy procedure under any
condition
• Surrogacy is not for producing
children for sale ,prostitution
or any other exploitation

13. Regulation of surrogacy clinics
• Only clinics registered under the
Act can conduct activities and
procedures relating to surrogacy.
• Surrogacy ,clinics must maintain
record for at least 25 years

14. REGULATION OF SURROGACY CLINICS
• No surrogacy clinic,
pediatrician, gynecologist,
human embryologist Doctor
or any person shall avail of
commercial surrogacy in any
form

15. OFFENCES AND PENALTIES
• Violation of any other
provision shall be
punishable with
imprisonment for at least
5 years and a fine of up to
Rs.10 lakh

16. Regarding sourcing of surrogate host,
ICMR guidelines suggest the following
• An oocyte donor must not act as a
surrogate mother.
• The surrogate mother must relinquish in writing
all parental rights concerning the offspring and
ice versa. Indian guideline has suggested that ‘’ A
child born through surrogacy must be adopted by
genetic parents unless they can establish through
genetic (DNA) fingerprinting (of which records all
will be maintained by the clinic) that the child is
theirs.

17. Right of a Child Born Through
Various ART
A child born though ART shall be presumed
to be legitimate child for the couple, having
born in wedlock and with the consent of both
the spouses. Therefore, the child shall have a
legal right for parental support, inheritance
and all other privileges of a child born
through sexual intercourse.

18. Right of a Child Born Through
Various ART
• Children born through the use of donor
gametes and their adoptive parents shall
have a right to available medical or genetic
information about the genetic parents that
may be relevant to child’s health, but shall
not have any right whatsoever to the identity
(such as name, address, parentage etc.)

19. Surrogacy in Unmarried
Women, single woman
(Details)
Indian latest guidelines 2016 does not
permit the use of ART techniques to signal
women, lesbian and gay couples.

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