2. MEANING
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.
According to the Black’s Law Dictionary, Surrogacy means the
process of carrying and delivering a child for another person.
Surrogacy is a method of reproduction whereby a woman( surrogate)
agrees to carry a pregnancy and give birth as a substitute for the
contracted parties
3. THE SURROGACY (REGULATION) BILL, 2016
Section 2(zb) “surrogacy" means a practice whereby one
woman bears and gives birth to a child for an intending
couple with the intention of handing over such child to
the intending couple after the birth;
Section 2(ze) “surrogate mother" means a woman
bearing a child who is genetically related to the intending
couple, through surrogacy from the implantation of
embryo in her womb and fulfils the conditions as
provided in sub-clause (b) of clause (iii) of section 4
4. Section2(b) “altruistic surrogacy" means the surrogacy in which no
charges, expenses, fees, remuneration or monetary incentive of
whatever nature, except the medical expenses incurred on surrogate
mother and the insurance coverage for the surrogate mother, are
given to the surrogate mother or her dependents or her
representative;
Section2(f) “commercial surrogacy" means commercialization of
surrogacy services or procedures or its component services or
component procedures including selling or buying of human embryo
or trading in the sale or purchase of human embryo or gametes or
selling or buying or trading the services of surrogate motherhood by
way of giving payment, reward, benefit, fees, remuneration or
monetary incentive in cash or kind, to the surrogate mother or her
dependents or her representative, except the medical expenses
incurred on the surrogate mother and the insurance coverage for the
surrogate mother
5. TYPES ON THE BASIS OF METHODS
Traditional or Partial Surrogacy
Gestational Surrogacy or Total Surrogacy
TYPES ON THE BASIS OF MONEY
Commercial surrogacy
Emotional surrogacy
6. Known as Partial 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.
Known as total surrogacy
In order for a pregnancy to take place, a
sperm, egg, and a uterus are required. In
case of gestational surrogacy, the eggs are
extracted from the intended mother or egg
donor and mixed with sperm from the
intended father or sperm donor in vitro. In
case of total surrogacy an embryo created
by the process of In-Vitro fertilitsation is
implanted into the surrogate’s uterus. One
thing is worthy to mention in context of
gestational surrogacy is that here the
mother is not genetically related to the
child. The gestational surrogacy comes
under the ambit of assisted reproductive
technologies. Gestational surrogacy can be
described as “Womb leasing Process”. The
reasons to call it so is that the surrogate
mother merely allows her womb to be used
for carrying further the reproductive
process.
TRADITIONAL SURROGACY GESTATIONAL SURROGACY
7. In commercial surrogacy
arrangements the surrogate mother
enters into an agreement with the
commissioning parents or single
parent to bear the burden of
pregnancy. In return of her
agreeing to carry the term of the
pregnancy, she is paid by the
commissioning parents for that.
The usual fee is around $ 25,000
to $ 30,000 in India which is
around 1/3rd of that in developed
countries like the USA.
It is that form of surrogacy in
which the surrogate mother
does not receive any financial
reward for the pregnancy or for
the pain to be undertaken by
her or for the handing over of
the child to the commissioning
parents. It is also known as
Altruistic Surrogacy.
COMMERCIAL EMOTIONAL
8. FEATURES OF THE SURROGACY BILL, 2016
1. Surrogacy will not be allowed for –
Homosexual couples
Single parents
Couples in live-in relationships
Foreigners
Couples with children
Attempts at commercial surrogacy
2. Couple must be married for atleast 5 years.
3. Either one of couple must have proven infertility.
4. Only Indian citizens; NRIs are also not included
5. Age of couple: 23-50 for females and 26-55 for males.
6. Women can be surrogates only once and a married couple can
only have one surrogate child.
7. The couple should employ an “altruistic relative”, i.e. the
surrogate mother should be a relative who is sympathetic to the
situation.
8. Egg donation is banned
