Rajya Sabha Passes Surrogacy and Assisted Reproductive Technology Bills

The Surrogacy (Regulation) Bill, 2020, proposes to regulate surrogacy in India by establishing a National Surrogacy Board at the central level and state surrogacy boards and appropriate authorities in states and Union territories. The Bill prohibits commercial surrogacy but allows altruistic surrogacy.

The Assisted Reproductive Technology (Regulation) Bill, 2021, aims to regulate and supervise assisted reproductive technology clinics and assisted reproductive technology banks, and prevent misuse. The Bill provides that every ART clinic and bank must be registered under the National Registry of Banks and Clinics of India. The National Registry will be established under the Bill and will act as a central database with details of all ART clinics and banks in the country. The Bill also lays down conditions for gamete donation and supply. The Bill further clarifies that a donor will not have any parental rights over the child born through ART. The child so born will be deemed to be a biological child of the commissioning couple and will be entitled to the rights and privileges available to a natural child of the commissioning couple.

Whereas the ART Bill, 2021 was passed by a voice-vote, the House also passed the Surrogacy Bill, 2020, with amendments. The Surrogacy (Regulation) Bill had earlier been passed by the Lok Sabha, but was referred to a Select Committee by the Rajya Sabha. During the debate yesterday, Union Minister for Health and Family Welfare Dr.Mansukh Mandaviya added that the Select Committee gave 64 recommendations which were studied by the government and many were incorporated in the Surrogacy Bill.The Bill will now be sent back to the Lok Sabha for final approval.

Click here to download the Assisted Reproductive Technology Bill, 2021