Lok Sabha Question No. 100 (STARRED), answered on 2015-12-04
Subject: Surrogacy
Ministry: HEALTH AND FAMILY WELFARE
Asked by: SUDHEER GUPTA, SUNIL BALIRAM GAIKWAD

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH RESEARCH

## LOK SABHA STARRED QUESTION NO. 100 TO BE ANSWERED ON THE 04 TH DECEMBER, 2015 SURROGACY

## *100. SHRI SUDHEER GUPTA: DR. SUNIL BALIRAM GAIKWAD:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a) whether the Government proposes to ban commercial surrogacy and to ena any statute to regulate surrogacy in the country in order to protect the uneducated and indige nt surrogate mothers;
- (b)  if  so,  the  details  thereof  along  with  the  provisions  pertaining Non - Resident  Indians,  People  of  Indian Origin,  Foreigners and the rights surrogate mothers and children;
- (c)  whether  the  Gove rnment has taken note of the precarious condition of poo women being lured to surrogacy; and
- (d)  if  so,  the  details  thereof  along  with  the  measures  taken/being  taken Government  to  ensure  medical,  nutritional  and  overall  healthcare  of  surr mo thers?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE ( SHRI JAGAT PRAKASH NADDA )

- (a) to (d ):  A statement is laid on the Table of the House

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 100* FOR 04 TH DECEMBER, 2015

(a)&( b) Yes.To prevent exploit ation of surrogate mothers, Government does not  support  commercial  surrogacy  for  which  the  Department  of  Healt Research has drafted a comprehension legislation, Surrogacy (Regulation) which is under inter - ministerial consultations.

Health being a state subject, the state Governments have been aske constitute  regulatory  authorities  to  regulate  surrogacy  as  per  the  N Guidelines  for  Accreditation  Supervision  &  Regulation  of  ART  Cli nics  in India issued by the Government ofIndia in 2005.

For  preventing  exploitation  and  misuse  of  technology,  recently Department  of  Health  Research  has  issued  instructions  vide  letter V.25011/119/2015 - HR dated 4 th November, 2015 , conveying that; (i) Ministry of Commerce has issued notification banning the import of hu embryos except  for  research  purposes;  (ii )  Ministry  of  Home  Affairs  has issued directions not to grant visa/permission to Foreign Nationals [inc Overseas  Citizen  of  India  (O CI)  cardholders]  intending  to  visit  India  fo commissioning surrogacy.

(b)&(c)The Government is very much aware of the precarious condition of poor women being lured to surrogacy and recently filed an affidavit i Hon'ble Supreme Court of India in WP (c) No. 95/2015 Mrs. Jayashree Wad vs UOI and others indicating the stand of the Government of India bann the commercial surrogacy to prevent exploitation of surrogate mothers.

Provision will also be made in the draft Surrogacy (Regulation) Bi ensure  medical,  nutrition  and  overall  health  care  of  surrogate  mothe consultation with the Ministry of Women and Child Development.

In addition to the above, PC&PNDT Act ,1994,and Medical Council of India's guidelines also cover the unethical pra ctices in Surrogacy including exploitation of surrogate mothers.