The proposed law aims for legitimate regulation and supervision of ART(Assisted Reproductive Technology) facilities and banks in the nation to prevent abusing of this innovation, including surrogacy, and for safe and moral practice of these services.
The Government of India has suggested that surrogacy for the foreigner in India should not be permitted and surrogacy shall only be permissible to overseas citizens of India (OCIs), people of Indian origin (PIOs), non-resident Indians (NRIs) and any foreigner married to an Indian citizen.
The eligible couple will have to produce an appropriately notarized agreement with the prospective Indian surrogate mother. Further, they need to sign an undertaking that they would take care of the child conceived through surrogacy.
For foreigner married to an Indian, the Bill makes it obligatory for the couple to be married with the marriage sustaining for at least 2 years. They will further need to submit certificate attested by an appropriate government authority of that country, conveying that the woman is not able to conceive.
The Government has likewise said that the child born to a foreigner married to an Indian resident by sperm or egg donation, or surrogacy in India won’t be an Indian citizen, in spite of being born in India, and will be entitled to Overseas Citizenship of India under Section 7A of the Citizenship Act, 1955.
The draft Bill also establishes the National Registry. The registry will maintain a central database which will contain details of ART clinics and ART banks. ART clinics will be responsible for carrying out ART procedures. The ART banks will be responsible for supply of gametes and surrogate mothers to ART clinics.
As per ART Bill, any woman agreeing to go about as a surrogate shall be duty-bound for all relavent activities, including unprotected sex that may harm the foetus during pregnancy and the child after birth, until the time the child is handed over to the designated commissioning couple.
The last date for submitting comments is November 13, 2015.