Rent-a-womb may well become illegal

Aditi Tandon

Tribune News Service

New Delhi, July 1

The much-awaited Indian surrogacy law is nearly ready with the Group of Ministers tasked with drafting the Bill meeting here today to finalise its nuances.

Chaired by External Affairs Minister Sushma Swaraj, it is learnt to have backed a blanket ban on commercial surrogacy and agreed that surrogacy services should only be available to married Indian couples. Even couples should have been married for five years and should have tried natural modes of childbirth for that period before accessing surrogacy.

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This means foreigners, individuals and persons belonging to the Lesbian, Gay Bisexual and Transgender (LGBT) community will be ineligible to have children through surrogacy in India. 

Sources said the GoM is for altruistic surrogacy, which it will define in detail. It is learnt that there is consensus on allowing a surrogate mother to lend her womb only once for the service.

The previous Assisted Reproductive Technology Bill prepared by the ICMR said no woman will act as a surrogate for more than five successful live births in her life, including those of her own children. 

The Bill will also clearly lay down provisions to protect the entitlements of children born out of surrogacy. It will clarify that couples accessing surrogacy will accept the child notwithstanding his disability or the fact that twins or triplets have been born. 

Non-acceptance of children will be a crime. Penalties proposed include Rs 10 lakh and up to 10 years in jail. These will also apply to surrogacy clinics that fail to register. 

The Bill proposes a National Surrogacy Board and State Surrogacy Boards to regulate the sector and at the district level, authorities will be designated to review the eligibility of couples intending to engage surrogates.

Asked if anyone would offer a womb without financial returns, a source said, "The idea of the new Bill is to change the outlook towards surrogacy and end the use of terms like renting wombs. Poor women have been exploited enough. Demerits of commercial surrogacy far outweigh its benefits. Couples can always engage relatives and friends who would be willing to help."