Lok Sabha Passes Surrogacy Bill: What it means for doctors

Besides 5-10 jail and/or upto Rs 10 lakh fine, the bill lays down that details of medical practitioners in violation of the act would be sent to state medical councils for appropriate action including suspension of license for a period of 5 years

New Delhi: The Lok Sabha on Monday passed a Bill which prohibits commercial surrogacy and allows "altruistic surrogacy" which does not involve monetary compensation to the surrogate mother apart from medical expenses and insurance coverage during the pregnancy.

The Surrogacy (Regulation) Bill, 2019, was passed after a reply by Health and Family Welfare Minister Harsh Vardhan.

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The Bill seeks to prohibit exploitation of surrogate mothers and children born through surrogacy and allows "ethical surrogacy" to the needy infertile Indian couples.

The Bill allows surrogacy for couples who suffer from proven infertility and says they should have a 'certificate of essentiality' and a 'certificate of eligibility' issued by the appropriate authorities.The Bill says surrogacy clinics cannot undertake surrogacy related procedures unless they are registered by the appropriate authority.

Check out some relevant provisions for doctors

REGULATION OF SURROGACY CLINICS

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

(i) no surrogacy clinic, unless registered under this Act, shall conduct or associate with, or help in any manner, in conducting activities relating to surrogacy and surrogacy procedures;

(ii) no surrogacy clinic, paediatrician, gynaecologist, embryologist, registered medical practitioner or any person shall conduct, offer, undertake, promote or associate with or avail of commercial surrogacy in any form;

(iii) no surrogacy clinic shall employ or cause to be employed or take services of any person, whether on honorary basis or on payment who does not possess such qualifications as may be prescribed;

(iv) no registered medical practitioner, gynaecologist, pediatrician, embryologist or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person surrogacy or surrogacy procedures at a place other than a place registered under this Act;

(v) no surrogacy clinic, registered medical practitioner, gynaecologist, pediatrician, embryologist or any other person shall promote, publish, canvass, propagate or advertise or cause to be promoted, published, canvassed, propagated or advertised which—

(a) is aimed at inducing or is likely to induce a woman to act as a surrogate mother;

(b) is aimed at promoting a surrogacy clinic for commercial surrogacy or promoting commercial surrogacy in general;

(c) seeks or aimed at seeking a woman to act as a surrogate mother;

(d) states or implies that a woman is willing to become a surrogate mother;
or

(e) advertises commercial surrogacy in print or electronic media or in any other form;

(vi) no surrogacy clinic, registered medical practitioner, gynaecologist, pediatrician, embryologist, intending couple or any other person shall conduct or cause abortion during the period of surrogacy without the written consent of the surrogate mother and on authorisation of the same by the appropriate authority concerned:

Provided that the authorisation of the appropriate authority shall be subject to, and in compliance with, the provisions of the Medical Termination of Pregnancy Act, 1971;

(vii) no surrogacy clinic, registered medical practitioner, gynaecologist, pediatrician, embryologist, intending couple or any other person shall store a human embryo or gamete for the purpose of surrogacy:

Provided that nothing contained in this clause shall affect such storage for other legal purposes like sperm banks, IVF and medical research for such period and in such manner as may be prescribed;

(viii) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist, intending couple or any other person shall in any form conduct or cause to be conducted sex selection for surrogacy.

Offences under the Bill

The offences under the Bill include undertaking or advertising commercial surrogacy, exploiting the surrogate mother, abandoning, exploiting or disowning a surrogate child and selling or importing human embryo or gametes for surrogacy. The bill calls for upto 10 years of jail and/or Rs 10 lakh fine, if any person, organisation, surrogacy clinic, laboratory or clinical establishment
is found undertaking following activties

(a) undertake or provide commercial surrogacy or its related component procedures or services in any form or run a racket or an organised group to empanel or select surrogate mothers or use individual brokers or intermediaries to arrange for surrogate mothers and for surrogacy procedures, at such clinics, laboratories or at any other place;

(b) issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated, any advertisement in any manner regarding commercial surrogacy by any means whatsoever, scientific or otherwise;

(c) abandon, disown or exploit or cause to be abandoned, disowned or exploited in any form, the child or children born through surrogacy;

(d) exploit or cause to be exploited, the surrogate mother or the child born through surrogacy in any manner whatsoever;

(e) sell human embryo or gametes for the purpose of surrogacy and run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes for the purpose of surrogacy;

(f) import or shall help in getting imported in whatsoever manner, the human embryo or human gametes for surrogacy or for surrogacy procedures; and

(g) conduct sex selection in any form for surrogacy.

Speaking specifically for medical practitioners, it specifies that for offences other than those mentioned below

Any registered medical practitioner, gynaecologists, pediatrician, embryologists or any person who owns a surrogacy clinic or employed with such a clinic or centre or laboratory and renders his professional or technical services to or at such clinic or centre or laboratory, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act (other than the provisions referred to in section 35) and rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten lakh rupees.

Besides this, the bill lays down that details of medical practitioners in violation of the act would be sent to state medical councils for appropriate action including suspension of license for a period of 5 years

On Maintenance of Records, the bill states the following:

(1) The surrogacy clinic shall maintain all records, charts, forms, reports, consent letters, agreements and all the documents under this Act and they shall be preserved for a period of twenty-five years or such period as may be prescribed:
Provided that, if any criminal or other proceedings are instituted against any surrogacy clinic, the records and all other documents of such clinic shall be preserved till the final disposal of such proceedings.

(2) All such records shall, at all reasonable times, be made available for inspection to the appropriate authority or to any other person authorised by the appropriate authority in this behalf.

The bill also provides that  If the appropriate authority has reason to believe that an offence under this Act has been or is being committed at any surrogacy clinic or any other place, such authority or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officers considers necessary, such surrogacy clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.

The Bill was passed by the previous Lok Sabha in December 2018 but lapsed with its dissolution.

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