Surrogacy (Regulation) Bill, 2016

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New surrogacy Bill bars married couples with kids, NRIs, gays, live-ins, foreigners

THE GOVERNMENT on Wednesday approved a Bill that bans commercial surrogacy, and bars married couples who have biological or adopted children, single people, live-in partners and homosexuals from opting for surrogacy.
The Surrogacy (Regulation) Bill, 2016, cleared by the Cabinet, only allows “altruistic surrogacy” for childless couples who have been married for at least five years. Then too, the surrogate mother should be a “close relative” of the couple, should be married and have borne a child of her own.
Briefing the press after the Cabinet meeting, External Affairs Minister Sushma Swaraj said foreigners, NRIs and PIOs who hold Overseas Citizens of India (OCI) cards have also been barred from opting for surrogacy as “divorces are very common in foreign countries”.


Without taking any names, Swaraj said it was “unfortunate” that couples, who already have a son and a daughter of their own, opt for surrogacy “just because it is fashionable”.
Replying to a question, she said: “We do not recognise homosexual or live-in relationships, that is why they are not allowed to commission babies through surrogacy. It is against our ethos.”
 
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