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The Surrogacy (Regulation) Bill, 2016 The Surrogacy (Regulation) Bill, 2016 proposes to regulate surrogacy in India by establishing National Surrogacy Board at entral le!el, State Surrogacy Boards and "ppropriate "uthorities in States and #nion Territories$ The proposed legislation ensures e%%ecti!e regulation o% surrogacy, prohibit co&&ercial surrogacy and allo' ethical surrogacy to the needy in%ertile Indian couples$ The &aor obecti!es o% the Bill are to regulate surrogacy ser!ices in the country, to pro!ide altruistic ethical surrogacy to the needy in%ertile Indian couples, to prohibit co&&ercial surrogacy including sale and purchase o% hu&an e&bryo and ga&etes, to pre!ent co&&ercialiation o% surrogacy, to prohibit potential e*ploitation o% surrogate &others and protect the rights o% children born through surrogacy$
The salient features of the bill are To allo' altruistic ethical surrogacy to intending in%ertile couple bet'een the age o% 2+ -0 years
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and 26-- years %or %e&ale and &ale respecti!ely$ The intending couples should be legally &arried %or at least %i!e years and should be Indian
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citiens$ The intending couples ha!e not had any sur!i!ing child biological ly or through adoption or through surrogacy earlier e*cept 'hen they ha!e a child and 'ho is &entally or physically challenged or
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su%%er %ro& li%e threatening disorder 'ith no per&anent cure$ •
The intending couples shall not abandon the child, born out o% a surrogacy procedure under any
condition$ The child born through surrogacy 'ill ha!e the sa&e rights as are a!ailable %or the Biological child$
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The surrogate &other should be a close relati!e o% the intending couple and should be bet'een
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the age o% 2-+- years$ She can act as surrogate &other only once$ The surrogate &other 'ill carry a child 'hich is genetically related to the Intending ouple$
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"n order concerning the parentage and custody o% the child to be born through surrogacy, is to be
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passed by a court o% the .agistrate o% the %irst class$ "n insurance co!erage o% reasonable and ade/uate a&ount shall be ensured in %a!our o% the
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surrogate &other$ National Surrogacy Board shall e*ercise the po'ers and shall per%or& %unctions con%erred on the
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Board under this "ct$ The Board shall consist o% the .inister incharge o% the .inistry o% ealth and a&ily el%are, as the hairperson, Secretary to the 3o!ern&ent o% India in charge o% the 4epart&ent dealing 'ith
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the surrogacy &atter, as 5icehairperson and three 'o&en .e&bers o% arlia&ent, o% 'ho& t'o shall be elected by the ouse o% the eople and one by the ouncil o% State as .e&bers The National Surrogacy board and State Surrogacy board shall be the olicy &a7ing bodies and
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"ppropriate "uthority 'ill be the I&ple&entation body %or the "ct$
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The appropriate authority shall co&prise o% an o%%icer o% or abo!e the ran7 o % the 8oint 4irector o%
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ealth and a&ily el%are 4epart&ent, 4 epart&ent, as hairperson, an e&inent 'o&an representing 'o&en9s organiation, as &e&ber, an o%%icer o% :a' 4epart&ent o% the State or the #nion territory concerned not belo' the ran7 o% a 4eputy Secretary, as &e&ber and an e&inent registered &edical practitioner, as a &e&ber The surrogacy clinics shall be registered under this "ct a%ter the "ppropriate " uthority is satis%ied
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that such clinics are in a position to pro!ide %acilities and can &aintain e/uip&ent and standards including specialised &anpo'er, physical in%rastructure and diagnostic %acilities as &ay be prescribed in the rules and regulations$ No person, organisation, surrogacy clinic, laboratory or clinical establish&ent o% any 7ind shall
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underta7e co&&ercial surrogacy, abandon the child, e*ploit the surrogate &other, sell hu&an e&bryo or i&port e&bryo %or the purpose o% surrogacy$ 5iolation to the said pro!ision shall be an o%%ence punishable 'ith i&prison&ent %or a ter& 'hich shall not be less than ten years and 'ith %ine 'hich &ay e*tend to ten la7h rupees$ The surrogacy clinics shall ha!e to &aintain all records %or a period o% 2- years
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Transitional pro!isionSubect to the pro!isions o% this "ct, there shall be pro!ided a gestation period o% ten &onths %ro& the date o% co&ing into %orce o% this act to protect the 'ellbeing o%
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already e*isting surrogate &others
