The Government of India had passed the Surrogacy (Regulation) Bill in August 2016 and further introduced it in the Lok Sabha in December 2016. The bill is currently being debated and discussed by the parliamentary committee for further amendments. The changes will be added as per suggestions made by medical fraternity and civil society.

Once the bill will be passed it will protect the rights of the child born through surrogacy so that they would get equal rights as natural or biological child. The bill also makes it mandatory for surrogacy clinics to register with appropriate state authorities. The amendments proposed to the bill also seek 16 months of extended insurance coverage for surrogate mothers which will cover any type of complications related to surrogacy. It will further prevent the exploitation of surrogate mothers.

The proposed bill will clamp down on commercial surrogacy by regulating surrogacy services throughout the country, controlling the rampant unethical practices in surrogacy and preventing the commercialization of surrogacy. While the Government is trying to prevent commercial surrogacy including sale and purchase of human embryo, it is encouraging ethical surrogacy to meet the requirements of needy infertile couples.

According to the bill, only the Indians will be permitted to have surrogacy. Foreigners, NRIs, homosexuals, single parents, live-in couples won’t be able to avail it. The bill also suggests that couples with kids cannot take surrogacy benefits. It also states that women with age between 25–35 can become surrogate mothers but for only once.

The public health department of Maharashtra Government recently issued a government resolution to set up a committee to recommend ways to regulate surrogacy practices in the state and safeguard the rights of surrogate mother and child. The committee will also see if all the IVF Centres in India in the state are registered appropriately. The committee will set more clear rules for registration of assisted reproductive technology and for the surrogate mother, her partner, her eggs and sperms donors.

The committee will also form various grievances centres on divisional levels to handle the cases coming to it. It will submit its reports and observations in every three months for evaluation. The recommendations and suggestions made by the committee will help the rights and interests of surrogate mothers and babies born through surrogacy.

The IVF industry experts have stated that most of fertility clinics and hospitals follow the Indian Council of Medical Research Guidelines, 2013. However, there are several clinics and hospitals that make rampant money in the name of surrogacy and the proposed surrogacy bill will put an end on their exploitation. But till the bill is stuck with the parliamentary committee, it is a welcome decision from the Maharashtra Government to form the committee to regulate the surrogacy in the state so that the rights of surrogate mothers and their babies are protected.