Surrogacy Bill 2018: Lok Sabha Bans Commercial Surrogacy

Vaibhav Saxena

, News

The Surrogacy regulation bill has been finally passed by the Lok Sabha in the recent winter session of the parliament. The major aims of the surrogacy bill are to abrupt the exploitation of the women that have been come under the notice of the major healthcare organizations like World Health Organisation and Indian Health Organisation.

The Surrogacy bill 2018 is a follow up of the 2016 introduced bill name Surrogacy Regulation bill 2016 which was initially introduced to the Lok Sabha on November 21, 2016. Later, this bill was considered and referred to Parliamentary on Health and family welfare.

There are many aspects of surrogacy in woman and aftermath of the process, let’s put some light onto them.

What is Surrogacy?

Surrogacy is a method of reproduction which involves the assisted reproductive parts of the person. The surrogacy procedure enables the intended parents to conceive children who lost the capability to conceive children. Moreover, surrogacy is a wonderful procedure for the intended people who lose hope to raise a family.

Surrogacy helps the intended parents of the following background to attain the capability of initiating the family:

  • Couples who have struggled with infertility.
  • Intended mothers who are unable to carry a child.
  • Intended parents who have a genetic defect or health condition they don’t want to pass onto the child.
  • Same-sex intended parents who want to have a genetic link to the baby.

What are the Types of Surrogacy?

Surrogacy is a legal agreement with the mother who tends to the conceive the child and the surrogate who performs the procedures. There are two kinds of surrogacy procedures, which are mentioned below.

1. Commercial Surrogacy: The term generally refers to any surrogacy arrangement in which the surrogate mother is compensated for her services beyond reimbursement of medical expenses.

2. Altruistic Surrogacy: The term refers to an arrangement in which a woman volunteers to carry a pregnancy for intended parents without receiving any monetary compensation in return.

The surrogacy bill 2016 has intended to put a ban over commercial surrogacy in order to abrupt the illegal practices conducted by many privatized medical representatives. Moreover, such unauthorized practices have led the exploitation of women in India as well as huge risk to women health.

Requirements for Being a Surrogate Mother:

It is not possible to practice the surrogation procedure over every other person, there are a set of guidelines and regulations that a person needs to stand with, to be capable of being surrogation mother.

  • The person must be in good physical as well as mental health.
  • Have already delivered at least one child before.
  • Should be in a stable living condition.
  • Should be less than 40 years in age.
  • Must not be a smoker or alcoholic.

Major Key Points from the Surrogacy Bill 2018:

  • The bill only instructs the people with Indian nationality to initiate the procedure, NRIs and Foreigner are not allowed.
  • Single parents and homosexuals are not allowed to do surrogacy.
  • Women between the age of 25-35 should only plan for surrogation.
  • The surrogate should be related to the intended mother.
  • The bill is invalid in the Jammu and Kashmir region.


Surrogacy bill is a major step for the many parents who are seeking the alternatives of parenting. There are many couples who are incapable of conceiving a child due to many reasons, must stay updated with surrogacy procedure and surrogacy bill 2018.

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