A

Bill

To constitute National Surrogacy Board, State Surrogacy Boards and
appointment of appropriate authorities for regulation of practice and process
of surrogacy and for matters connected herewith or incidental thereto across
all religions.

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BE it enacted by the Parliament in the Sixty-ninth Year of
the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1.      Short title, Extent and Application –

(1)  
This code may be called the Uniform Civil Code,
2018

(2)  
It enacts to the whole of India except the State
of Jammu Kashmir.

(3)  
It applies to all citizens of India and any
other persons who want to voluntarily subject to this Act.

2.      Definitions –

(1)  
In this Act, unless the context otherwise
requires –

                               
i.           
“abandoned child” means a child—

(i)                
born out of surrogacy procedure;

(ii)              
deserted by his intending parents or guardians;
and

(iii)            
who has been declared as abandoned by the
appropriate authority after due enquiry;

                             
ii.           
“altruistic surrogacy” means the surrogacy
in which no charges, expenses, fees, remuneration or monetary incentive of
whatever nature, except the medical expenses incurred on surrogate mother and
the insurance coverage for the surrogate mother, are given to the surrogate
mother or her dependents or her representative;

                           
iii.           
“appropriate authority” means the
appropriate authority appointed under section ;

                           
iv.           
“Board” means the National Surrogacy Board
constituted under section;

                             
v.           
“clinical establishment” shall have the
same meaning as assigned to it in the Clinical Establishments (Registration and
Regulation) Act, 2010;

                           
vi.           
“commercial surrogacy” means commercialisation
of surrogacy services or procedures or its component services or component
procedures including selling or buying of human embryo or trading in the sale
or purchase of human embryo or gametes or selling or buying or trading the
services of surrogate motherhood by way of giving payment, reward, benefit,
fees, remuneration or monetary incentive in cash or kind, to the surrogate
mother or her dependents or her representative, except the medical expenses
incurred on the surrogate mother and the insurance coverage for the surrogate
mother;

                         
vii.           
“couple” means the legally married Indian
man and woman above the age of 21 years and 18 years respectively or legally
married transgenders or legally married gay or lesbian above the age of 21
years;

                       
viii.           
“egg” includes the female gamete;

                           
ix.           
“embryo” means a developing or developed
organism after fertilisation till the end of fifty-six days;

                             
x.           
“fertilisation” means the penetration of
the ovum by the spermatozoon and fusion of genetic materials resulting in the
development of a zygote;

                           
xi.           
“foetus” means a human organism during the
period of its development beginning on the fifty-seventh day following
fertilisation or creation (excluding any time in which its development has been
suspended) and ending at the birth;

                         
xii.           
“gamete” means sperm and oocyte;

                       
xiii.           
“gynaecologist” shall have the same meaning
as assigned to it in the Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994;

                       
xiv.           
“human embryologist” means a person who
possesses any post-graduate medical qualification in the field of human
embryology recognised under the Indian Medical Council Act, 1956 or who
possesses a post-graduate degree in human embryology from a recognised
university with not less than two years of clinical experience;

                         
xv.           
“implantation” means the attachment and
subsequent penetration by the zona-free blastocyst, which starts five to seven
days following fertilisation;

                       
xvi.           
“infertility” means the inability to
conceive after five years of unprotected coitus or other proven medical
condition preventing a couple from conception;

                     
xvii.           
“insurance” means an arrangement by which a
company, individual or intending parent(s) undertake to provide a guarantee of
compensation for specified loss, damage, illness or death of surrogate mother
during the process of surrogacy;

                   
xviii.           
“Intending parent” means a couple who have
been medically certified to be an infertile couple or a single man or woman or
transgender or a couple of same gender or transgender and who intend to become a
parent or parents as the case maybe through surrogacy;

                       
xix.           
“Member” means a Member of the National
Surrogacy Board or a State Surrogacy Board, as the case may be;

                         
xx.           
“notification” means a notification
published in the Official Gazette;

                       
xxi.           
“oocyte” means naturally ovulating oocyte
in the female genetic tract;

                     
xxii.           
“Paediatrician” means a person who possess
a post-graduate qualification in paediatrics as recognised under the Indian
Medical Council Act, 1956;

                   
xxiii.           
“prescribed” means prescribed by rules
made under this Act;

                   
xxiv.           
“registered medical practitioner” means a
medical practitioner who possesses any recognised medical qualification as defined
in clause (h) of section 2 of the Indian Medical Council Act, 1956 and whose
name has been entered in a State Medical Register;

                     
xxv.           
“regulation” means regulations made by the
Board under this Act;

                   
xxvi.           
“State Board” means the State Surrogacy
Board constituted under section;

                 
xxvii.           
“State Government” in relation to Union
territory with Legislature, means the Administrator of the Union territory
appointed by the President under article 239 of the Constitution;

               
xxviii.           
“surrogacy” means a practice whereby one
woman bears and gives birth to a child for an intending couple with the
intention of handing over such child to the intending couple after the birth;

                   
xxix.           
“surrogacy clinic” means surrogacy clinic
or centre or laboratory, conducting assisted reproductive technology services,
in-vitro fertilisation services, genetic counselling centre, genetic
laboratory, Assisted Reproductive Technology Banks conducting surrogacy
procedure or any clinical establishment, by whatsoever name called conducting
surrogacy procedures in any form;

                     
xxx.           
“surrogacy procedures” means all
gynaecological or obstetrical or medical procedures, techniques, tests,
practices or services involving handling of human gametes and human embryo in
surrogacy;

                   
xxxi.           
“surrogate mother” means a woman bearing a
child who is genetically related to the intending couple, through surrogacy
from the implantation of embryo in her womb and fulfils the conditions as;

                 
xxxii.           
“Zygote” means the fertilised oocyte prior
to the first cell division.

CHAPTER II

REGULATION OF SURROGACY AND SURROGACY PROCEDURES

3.      On
and from the date of commencement of this Act, 

i.                   
No place including a surrogacy clinic shall be
used or caused to be used by any person for conducting surrogacy or surrogacy
procedures, except after satisfying all the conditions specified hereunder;

ii.                 
The procedure
can take place only when the following conditions are fulfilled –

no surrogacy or surrogacy procedures shall be conducted, undertaken,
performed or availed of, except for the following purposes, namely:—

a)     
When it is for altruistic surrogacy purposes;

b)     
When it is for commercial surrogacy purposes subject
to all the conditions to be satisfied as mentioned in Section

c)     
When it is not for producing children for sale,
prostitution or any other form of exploitation; and

d)    
Any other condition or disease as may be
specified by the Regulatory Board from time to time;

iii.               
Eligibility
of Intending parents –

No surrogacy or surrogacy procedures shall be conducted, undertaken,
performed or availed by any couple or a single person, except for the following
conditions, namely:-

a)     
The age of the intending parent(s) is between 23
to 50 years in case of females and between 26 to 55 years in case of male and
between 23 to 55 years in case of transgender as of on the day of accepting the
surrogate child;

b)     
The Intending parent(s), in case of a couple
shall be married for at least five years and in case of single parent they
should be have their own livelihood for at least 3 years;

c)     
The intending parent(s) have not had surviving
child biologically or through adoption or through surrogacy earlier;

d)    
The fertility of the couple need not be proved
before the Regulatory board;

Provided that nothing contained in this Clause shall affect the intending
parent(s) who have a child and who is mentally or physically challenged or
suffers from life threatening disorder or fatal illness with no permanent cure;

iv.               
Eligibility
of the Surrogate Mother –

The surrogate mother shall be in possession of an eligibility certificate
issued by the appropriate authority on fulfilment of the following conditions,
namely:—

a)     
The surrogate mother shall be no other than a
married woman already having an issue of her own and should be of age between
25 to 35 years and of sound mind;

b)     
In case, the husband of the surrogate mother is
alive and living with the woman for more than 5 years and during the period of
pregnancy through surrogacy, there should be complete and explicit consent for
the procedures undertaken by the surrogate mother;

c)     
In case of commercial surrogacy, the Surrogate
Mother must be willing to enter into a binding contract with the intending parent(s)
which is governed by Indian Contract Act, 1872;

d)    
In case of commercial surrogacy, the surrogate
mother need not be known to the intending parent(s) and shall be associated
with the Surrogacy clinic approached by the intending parent(s);

e)     
In case of altruistic surrogacy, no person,
other than a woman following the other conditions mentioned herein, known to
the intending parent(s) shall act as a surrogate mother or help in surrogacy by
donating her egg or oocyte or otherwise;

f)      
The surrogate mother shall not be coerced to
bear  a child for the intending parent(s)
either by her close relatives or the surrogacy clinic, she is associated with;

g)     
No woman shall act as a surrogate mother or help
in surrogacy in any way, by providing gamete, or by carrying the pregnancy more
than once in her lifetime;

h)     
The surrogate mother shall under go all such medical
tests/examinations as required by the Regulatory Board and should be certified
as an “Eligible Surrogate Mother”

v.                 
 

 

 

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