New Law to Regulate Surrogate Mothers

For the first time in India, the government is going to enact a law to regulate surrogacy and related matters to protect the rights of the surrogate mother, the commissioning parents and the resultant child born.

As per Renuka Choudhary, central minister for Women and Children Development, it is necessary to address the legal aspects of surrogacy, which is taking the shape of a booming industry. “The move to bring the surrogacy law is at a preliminary stage and may require over a year to be enacted,” Renuka Choudhary explained.

The Indian Council of Medical Research (ICMR) – the health ministry’s research wing- has already drafted a model law, which will be studied by the Women and Children Development ministry before being forwarded to the Union Cabinet.

The law would decide the status of the child born through the surrogacy arrangement in the event of custody battles between the commissioning parents and the surrogate mother, Renuka Choudhary said on 25th June.

As per the draft law, the commissioning parents would have to bear all the expenses, including insurance, of the surrogate mother while she is bearing the child in her womb. It is also provided that the surrogate mother may receive monetary compensation (rent of the womb in other words) but shall relinquish all parental rights once the child is handed over to the commissioning parents.