The Surrogacy Bill 2018 which was passed on Wednesday as on 20th December, 2018 with the aim in which the Commercial Surrogacy is prohibited by the law and is a punishable offence if someone is being indulged with such practicing activism then in such a case the particular person will be put up in the jail for over 10 years and also have to paid the fine of mere about INR 10,00,000 will be submitted in the Supreme Court in the mere future by the infertile couples involved in such activities.
And also, it will be noted that Altruistic Surrogacy will be legally followed up by the married couples in case the couple is infertile so in such a case the couple should opt for the procedure of Altruistic Surrogacy in case the infertile couple needs only in such a case the couple opts the same otherwise not.
The main aim of passing the Surrogacy Bill 2018 is to increase the need of adoption as with the Surrogacy program the couple is involved within the activism of owing the child of their own and the scale of the adoption statistics should be reduced and falls up to the maximum extent that must be with the encouragement that the infertile couple should more or less been indulged within the activities of adopting the child. With such activities of adoption like adopting a healthy baby, the infertile couples give new life and happiness to both the parties like the parties called as adopter and adoptee.
The guidelines announced with the Surrogacy Bill 2018 are mentioned below in an elaborative form:
- Only a close relative or the member of the family and also the friends of the infertile couples will be involved in the activism of the Altruistic Surrogacy and also only within the case where the couple is facing the issues with the infertility and infertility is now increased up to the larger extent so for such couples Altruistic Surrogacy and also the adoption of the child from the recognized agencies is the available option with the infertile couples.
- Also, the main aim the Surrogate Bill 2018 fulfilled is to encourage the need of the adoption within the couple as due to the availability of Surrogate with an ease the infertile couples tend towards the Surrogacy program in need of owing own child as discussed in the bill by Ranjana Kumari, Director of centre for Social Research.
- Another important discussion in the Surrogacy Bill 2018 is too fought against the backdrop reports that unethical practices are being totally eliminated from the Surrogates life as over exploitation activities and also the children born from the Surrogate Rackets by unethical means should be dismissed by the government.
- And also the business of import or shipped of the embryos and gamete should be stopped with such a law as it is increased with each and every passing day and need to be stopped so as to ascertain the stopping of the activities relative to such illegal business.
- In some of the cases the surrogates are being mentally and physically got tortured to get in involving the activities relative to become Surrogate mother whether the Surrogates wish to do so or even don’t wish to be involved in such activities but forcefully doing the same should be get out of the trap and live the life according to their own choice as the amount paid to the surrogates should be taken by the involved partners and she is only got a nominal amount in such respect.
- In the bill it is also mentioned that the infertile couples need not to wait for long as before that there must be a 5 year clause to prove infertility as with the modernized and latest technique the science and technology has been a wider scope so why the couple need to get Surrogacy? But may adopt other latest methods in the removal of the issues relative to infertility as infertility should be removed through IVF and other methods too. But adoption is considered as the best method by the Lok Sabha in order to remove the issues of infertility.
- Within such a Surrogacy Bill 2018 only Altruistic Surrogacy is legalized and Commercial Surrogacy is strictly banned by the law just to see that whether the cases of adoption is increased in the country India in the upcoming years or not should be a big question and need to be answered by the infertile couples to the law was said by Balram Bhargava, Secretary Department of Health Research, Ministry of health and Family Welfare.
- According to the Central Adoption Resource Authority Ministry of Woman and Child Development it is being considered that the figures should be within a year starting from April 2017 till March 2018 mere about 3,276 children were adopted by the needed childless couples and this figure got reversed by the year 2020 as more and more infertile couples bend towards adoption.
- It is also mentioned within the bill that in case the infertile couples who are already married or in case of single parent, widows and also for same sex couples the law must be prohibited to be involved directly or indirectly in such kind of activities and is totally banned within the law and in case any couple is involved in such activism than they should face imprisonment up to 10 years along with the fine of mere about INR 1000000 in case putting a hand towards commercial surrogacy as it is strictly banned in the country India from now.
- Surrogacy Bill 2018 is being passed after a long one hour discussion over the pros and cons of the Surrogacy Program amid sounding protests to be lead by the Congress Commission and also All India Anna Dravida Munnetra Kazhagam (AIADMK) members.
- And as a conclusion of the discussion a congress member Supriya Sule tweet that Surrogacy should be impacting morally, socially and emotionally too many and is not considered lawful in India.
J.P. Nadda, Health Minister said the commission that the main purpose to pass the Surrogacy Bill 2018 is to legally banned the practices and programs relative with Commercial Surrogacy but an alternative to this is to have children using modern science tools, equipments, machinery and techniques to owe the child of their own using modernized science and technology and also the adoption is to be widening a pace over the same and that must not be permitted for live in partners, same sex couples and even for single parent too.