CRITICAL ANALYSIS OF THE

SURROGACY REGULATION BILL, 2016

CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921

HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,

WHAT IS SURROGACY?
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009

EMAIL
info@altacit.com
Critical analysis of the Surrogacy Bill
WEBSITE 1
www.altacit.com
 INTRODUCTION
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road, The proposed draft surrogacy regulation Bill, 2016,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 passed by the health ministry, was cleared by the Union
BANGALORE
Suite 920, Level 9,
Cabinet on August 24, 2016 and is set to be introduced
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
in the Parliament soon. Within a span of one week of
releasing the draft, it received severe backlash, being
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018. cited as discriminating and draconian.
Tel: +91 - 422 - 6552921

HYDERABAD Although JP Nadda had mentioned that there is scope

Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills, for some improvements in the bill, he also said that the
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
clauses relating to “exploitation of women and
children” will not be touched
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WEBSITE 2
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 REASONS BEHIND THE BILL
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
Commercial surrogacy in India was legalised
#1533, Trichy Road,
Coimbatore – 641018. in 2002 and this sowed the seeds for a
booming surrogacy industry in India. The
Tel: +91 - 422 - 6552921

HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
present value of the surrogacy market is
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009 US $ 2billion. Couples from all over the
world, especial from countries where
EMAIL
commercial surrogacy or surrogacy itself is
info@altacit.com
banned (France, Germany) come to India
for this.
WEBSITE 3
www.altacit.com
 CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Anand in Gujarat is considered as a baby farm that
Mylapore,
Chennai - 600 004. provides surrogate mothers and all those services
Tel: +91 - 44 - 2498 4821
required for surrogacy. This agency has women
BANGALORE
Suite 920, Level 9, who have been surrogate mothers for about 8
Raheja Towers,
26-27, M G Road, times in exchange for money. The agency costs
between 10,000$ and 28,000$ for a complete
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
package which is about one third of the cost in
Coimbatore – 641018.
Tel: +91 - 422 - 6552921 UK. But the surrogate mothers only get 25% of
HYDERABAD this.
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
In 2014, a single mother wanted to earn some
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009 money. So she went to an auto driver who was
an agent of the agency in Anand and he hooked
her up with them. She became a surrogate
EMAIL mother for a German couple.
info@altacit.com
WEBSITE 4
www.altacit.com
 CHENNAI
3rd Floor, ‘Creative Enclave’, After deducting all the commissions, she finally
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
received only 4% of the entire sum paid. This was
Tel: +91 - 44 - 2498 4821
one of the reasons for the proposition of the new
BANGALORE
Suite 920, Level 9,
Raheja Towers,
bill.
Another reason is that the techniques used in India
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE for surrogacy are not reliable. A woman in Gujarat,

#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
passed away while she was undergoing a
HYDERABAD
Suite 132 & 133,
procedure for egg donation.
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009

EMAIL
info@altacit.com
WEBSITE 5
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 CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921 The main reason for the introduction of the
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
bill is the case of Baby Manjhi Yamada v.
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
UOI and following that the 228th Law
commission report.
EMAIL
info@altacit.com
WEBSITE 6
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 Important features of
the BIll
CHENNAI
3rd Floor, ‘Creative Enclave’, 1) Either one of them must have proven infertility.
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
2) Egg donation is banned
Tel: +91 - 44 - 2498 4821

BANGALORE
3) Only married Indian couple can participate
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road, 4) Single, NRI, Live-in, Foreigners, Homogeneous
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 couples can’t.
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
5) Couple must have been married at least for 5 years.
Tel: +91 - 422 - 6552921

HYDERABAD
6) Only altruistic surrogacy.
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills, 7) Only a relative can be a surrogate mother.
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
8) A woman can be a surrogate mother only once.
9) Female 23-55 and Male 26-55.
EMAIL
info@altacit.com 10) Couples who already have a child can’t have a
WEBSITE surrogate child unless the first child is physically or
7
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CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
no pay and only
once?
• *Limiting a woman’s surrogacy choice to only one time is in a large way limiting the income of those who
survive on this business. Again, it comes down to the issue of consent. If a woman willingly consents to
being a surrogate mother, is assured of a safe delivery; and the baby is assured of a safe home, why

BANGALORE should she be limited to only one surrogacy? After the surrogacy industry boomed, a lot of women were
Suite 920, Level 9,
Raheja Towers, dependent on the same. The issue here seems to be that the woman is “exploited” for her body. And this
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 too, is a legitimate issue. Just as in the case of sex work, when a woman is coerced into the business

COIMBATORE because she has no choice, and because she desperately needs the financial resources, it does not mean
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
that she has fully consented to the job. It means that she has not been provided, or is not able to find,

HYDERABAD alternate employment to sustain herself. However, if she is consenting and is being paid the proper
Suite 132 & 133,
Level 1, Midtown, amount, then this should not be an issue at all. In certain European countries, sex work is fully regulated
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009 and sex workers have full constitutional rights, unlike in India. Similarly, surrogacy laws should be set

out in such a way that there is full consent of the woman in question. Here, instead of regulating the ways

and policies in which a woman’s exploitation is prevented, what the bill has done is eliminate the idea
EMAIL
info@altacit.com entirely.

WEBSITE 8
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 only a close relatIVe
CHENNAI

*The necessity of only a relative being a

3rd Floor, ‘Creative Enclave’,

would you Be wIllIng to possibility

Become a
148-150, Luz Church Road,

surrogate mother limits the of

Mylapore,
Chennai - 600 004.

surrogate mother?o
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
surrogacy to a very large extent,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
especially since most times, surrogacy
Tel: +91 - 80 - 6546 2400

COIMBATORE
becomes the very last option a couple
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
chooses. It will be very difficult to find a
HYDERABAD
Suite 132 & 133,
relative who will be willing to be a
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
surrogate mother. This might pave the
Tel: +91 - 40 - 6050 6009
way to force daughter-in-laws to become
a surrogate mother for a couple in the
EMAIL
info@altacit.com matrimonial home against her will.
WEBSITE 9
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 only one
CHENNAI
3rd Floor, ‘Creative Enclave’,
chIld.
148-150, Luz Church Road, *Although it makes sense to not allow couples
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 who already have a baby to have a surrogate
BANGALORE
Suite 920, Level 9,
Raheja Towers,
child, allowing a couple with a mentally or
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
physically challenged child to go for
COIMBATORE
#1533, Trichy Road,
surrogacy may result in neglect of the first
Coimbatore – 641018.
Tel: +91 - 422 - 6552921 child who actually needs more attention.
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009

EMAIL
info@altacit.com
WEBSITE 10
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 Where is Article 14 in
All this?
CHENNAI

*The Bill is highly discriminatory and against

3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
the very tenets of “equality”, as it
BANGALORE discriminates between married and
unmarried couples, between heterosexual
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,

and homosexual couples, between single

Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
parents and double parents, between
Tel: +91 - 422 - 6552921
divorcee and non-divorcee, between foreign
couples and Indian couples. The Supreme
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
Court has considered live-in relationships
that have been for a considerable duration to
be marriage like and the DV Act also does
something similar. Hence the Bill can be
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WEBSITE
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found to be a little archaic in its view. 11
 DissinG the QUeer cOMMUnitY
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
The Adoption laws have been broadened to
include single parents in their ambit. But the
2016 bill leaves them out.

BANGALORE
Suite 920, Level 9,
Raheja Towers, One of the most contentious points of the bill is
26-27, M G Road,
Bangalore - 560 001. its blatant ban on surrogacy rights of
Tel: +91 - 80 - 6546 2400
homosexual couples. This is the first time that
COIMBATORE
#1533, Trichy Road, the government’s transparent homophobia has
Coimbatore – 641018.
Tel: +91 - 422 - 6552921 come out in the open. Sushma Swaraj very
HYDERABAD clearly stated that surrogacy for homosexuals
Suite 132 & 133,
Level 1, Midtown, is against “Indian ethos”, although
homosexuality has been constantly mentioned
Road No 1, Banjara Hills,
Hyderabad - 500034.

in various Indian texts. Now, even though this

Tel: +91 - 40 - 6050 6009

ban could be construed as

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WEBSITE 12
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 CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
a mere following of the law (Section 377
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 against “unnatural” intercourse), this
BANGALORE
Suite 920, Level 9,
Raheja Towers,
would only make sense if heterosexual
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
couples also violating the section were
COIMBATORE
#1533, Trichy Road,
denied surrogacy rights.
Coimbatore – 641018.
Tel: +91 - 422 - 6552921

HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009

EMAIL
info@altacit.com
WEBSITE 13
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 BlAck MArket
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

The bill imposes a blanket ban on commercial

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE surrogacy which is very similar to the

Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Transplantation of Human organs Act, 1994 that
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 imposes a ban on commercial organ donation. If
COIMBATORE
#1533, Trichy Road,
surrogacy is banned, a black market will surely
emerge where middle-men would reap the
Coimbatore – 641018.
Tel: +91 - 422 - 6552921

HYDERABAD
Suite 132 & 133, financial benefits and women would lose both
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
income and access to adequate prenatal care just
Tel: +91 - 40 - 6050 6009
like in the case of Kidney donation.

EMAIL
info@altacit.com
WEBSITE 14
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 AGe BArrier
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road, The age limit is 22 to 55 for women and 26 to 55 for
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
men. Does this mean a couple in which the woman
BANGALORE
is 21 years old and the man is 25 years old can’t
Suite 920, Level 9,
Raheja Towers,
have a child? If they can get married in 18 and 21,
26-27, M G Road,
Bangalore - 560 001. why can’t they have a child?
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018. Another issue that grabs our attention is the condition
Tel: +91 - 422 - 6552921
that the couple should have been married for a
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
minimum of 5 years to opt for surrogacy. If a couple
Road No 1, Banjara Hills,
Hyderabad - 500034.
gets married at 30 and realize that one of them is
Tel: +91 - 40 - 6050 6009
infertile, will they have to wait till they turn 35 to
have a kid?
EMAIL
info@altacit.com
WEBSITE 15
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 ConClusion
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
The bill seems to do more harm than good. Although
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
formulated to curb the exploitation of women and trafficking
BANGALORE
of children; again, it exhibits the general policy of a state
Suite 920, Level 9,
Raheja Towers,
banning or censoring an activity almost completely, instead
26-27, M G Road,
Bangalore - 560 001. of looking at ways to use laws to regulate and improve the
Tel: +91 - 80 - 6546 2400
situation. While most countries, especially in Europe, only
COIMBATORE
#1533, Trichy Road, allow altruistic surrogacy, surrogate mothers are not limited
Coimbatore – 641018.
Tel: +91 - 422 - 6552921 to relatives, and medical expenses are covered. It can be
HYDERABAD
Suite 132 & 133,
said that although India has not banned surrogacy
Level 1, Midtown,
Road No 1, Banjara Hills, completely (like Germany, France and Italy), the laws need
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009 to be re-looked so that they actually benefit surrogate
mothers, prospective parents, and children born from
surrogacy.
EMAIL
info@altacit.com
WEBSITE Pokemon Go and Right to Panorama 16
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 CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.

Thank you..
Tel: +91 - 422 - 6552921

HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009

EMAIL
info@altacit.com
WEBSITE Pokemon Go and Right to Panorama 17
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