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New Delhi: The Union Cabinet has given its approval for moving official amendments to ban commercial surrogacy in India and provide ethical assistance to only needy infertile couples.
The proposed legislation, said a government statement, ensures effective regulation of surrogacy, prohibit commercial surrogacy and allow altruistic surrogacy to the needy Indian infertile couples. It will also bring the rights of a surrogate child on par with that of a biological and adapted child, and will prevent sex-selection for surrogacy.
The 'Surrogacy (Regulation) Bill, 2016' proposes to regulate surrogacy in the states and Union territories by initiating a National Surrogacy Board after the bill is enacted by the Parliament.
Once the Board is formed, states and UTs will have to constitute the State Surrogacy Board and State Appropriate Authorities within three months of the notification by the Central government.
According to the amendments, Assisted Reproductive Technologies (ART) will remain outside the purview of this Bill. ART has its own Bill in waiting, which doctors and some lawmakers have felt is a far more comprehensive piece of legislation.
Once in effect, the Act will prohibit commercial surrogacy in the country, and the purchase of human embryos and gametes. It will provide for ethical surrogacy to needy infertile couples after a series of checks and conditions. It aims to prevent commercialisation of surrogacy and will prohibit potential exploitation of surrogate mothers and children born through surrogacy.
The Bill will apply to whole of India, except the State of Jammu and Kashmir.
The Cabinet, chaired by Prime Minister Narendra Modi, gave its nod to move official amendments on Wednesday.
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