surrogacy and surrogacy regulation bill 2020

1. BY-
DR.JAGRATI PANTHI
MBBS,DGO
SURROGACY

2. Introduction
 The word ‘surrogate’ has its origin in Latin term
“Surrogatus” which means a substitute, that is, a
person appointed to act in the place of another.
 Surrogacy means the process whereby one
woman bears and gives birth to a child for a
couple with the intention of handing over child
to intending couple after birth.

3. History of Surrogacy
 The first “official” legal surrogacy agreement was
enacted in the mid- 1970 in US with the child who was
referred to as baby M.
 The world second and india’s first IVF baby, kanupriya
alias durga was born in kolkata on october 03 ,1978.
 Commercial surrogacy in india legalized in 2002 .
 Commercial surrogacy in india banned since 2016
(surrogacy regulation bill 2016)

4. Method
 Traditional surrogacy
 Gestational surrogacy

5. Traditional Surrogacy
In the traditional case, the surrogate mother will be
artificially inseminated with the sperm of the intended
father or the sperm from a donor when the sperm count is
low. Here the mother would be genetically related with the
baby because in either case the surrogate’s own egg will be
used. Due to this reason the two parties’ i.e. infertile couple
and surrogate mother enter into a contract where
surrogate mother is artificially inseminated with the sperm
of male partner of that couple.

6. Gestational Surrogacy
 In gestational surrogacy, the pregnancy results
from the transfer of an embryo created by IVF, in
a manner so the resulting child is genetically
unrelated to the surrogate.

7. Types
 Commercial surrogacy
 Altruistic surrogacy

8. Commercial surrogacy
 “Commercial surrogacy” means
commercialisation of surrogacy services or
procedures or its component including selling or
buying of human embryo or gametes or services
of surrogate motherhood by way of giving
payment, reward, benefit, fees, remuneration or
monetary incentive in cash or kind to surrogate
mother or her dependent or representative
except medical expenses and such other
prescribed expenses incurred on surrogate
mother and the insurance coverage for surrogate
mother.

9. Altruistic Surrogacy
 “Altruistic surrogacy” means the surrogacy in
which no charges, expenses, fees, remuneration
or monetary incentive of whatever nature,
except the medical expenses and such other
prescribed expenses incurred on surrogate
mother, are given to the surrogate mother or her
dependent or her representative.

10. Surrogacy regulation bill 2020
 Who can avail surrogacy
1 Intending couple – means a couple who have a
medical indication necessitating gestational
surrogacy and who intend to become parents
through surrogacy
2 Intending woman –means an indian women
who is a widow or divorcee between the age of
35 to 45 years and who intends to avail
surrogacy.

11. Features of the Bill
 The intending couple has been married and
are Indian citizens.
 When either or both are suffering from
proven infertility.
 Age of intending couple is between 23 and 50
years in case of female and between 26 and
55 years in case of males on day of
implantation.

12. Cont..
 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 suffer from a life threatening disorder or a
fatal illness .
 Intending couple shall not abandon the child
born out of surrogacy under any condition.

13. Surrogate mother
 Only altruistic surrogacy allowed.
 Surrogate mother should be married woman
having her on child and between age of 25 to
35 years on day of implantation.
 A willing women shall act as surrogate
mother.
 No women act as surrogate mother by
providing her on gamete.
 No woman shall act as surrogate mother
more than once in her life time.

14. An insurance coverage of such amount and
in such manner as may be prescribed in
favour of the surrogate mother for a
period of thirty six months covering
postpartum delivery complications from
an insurance company or an agent
recognised by the insurance regulatory
and development authority established
under the insurance regulatory and
development authority act, 1999.

15. Rights of Surrogate Child
 A child born out of surrogacy procedure, shall be
deemed to be a biological child of the intending
couple or intending woman and the said child
shall be entitled to all the rights and privileges
available to a natural child under any law for time
being in force .

16. Regulation of surrogacy clinic
 Only clinics registered under the act can
conduct activities and procedure related to
surrogacy.
 No surrogacy clinic, paediatrician,
gynaecologist, human embryologist or any
person shall avail commercial surrogacy in
any form.

17. Offences and penalties
 Punishment for not following altruistic
surrogacy is imprisonment for a term which
may extend to 5 years and with a fine which
may extend to 5 lakh rupees for the 1st
offences and for subsequent offence
imprisonment up to 10 years and fine up to 10
lakh rupees.

18. Thanks