Libertatem Magazine

Impact of Complete Ban on Commercial Surrogacy Under ART Bill 2020

Contents of this Page


There is a husband a wife the wife is not in a position to conceive, not in a position to deliver a child for variety of reasons. This couple approach another woman and they rent the womb the mother this is what we called surrogacy

Renting of a womb is surrogacy.


The egg of the women is fertilized by the sperm of the man and then this fertilized egg or embryo is carried in to the womb of other women called the surrogate mother. This woman may not be able to produce the egg or this egg may not be fertilized by the sperm of the man so there may be issues related to the sperm of the man their may be issues with the women as well. In this case an anonymous donor can donate the egg if there is a problem with the egg of the women or an anonymous donor can donate the sperm if there is a problem with the man depending on what the requirement is and then an outside environment the egg can be fertilized and then this fertilized egg or embryo is carried in to the womb of the surrogate mother.

India emerged as the hub of surrogacy because of the inexpensive process in India – it was easy for the foreigners to find a surrogate mother in India particularly in the Andan district of Gujarat which came to be known as surrogate capital of the world. Professional woman who couldn’t afford pregnancy as their careers could be in trouble they were too weak physically to go for pregnancy period they would opt for surrogacy


There was a German couple who approached a surrogate mother in India and then child was born but the child born was not provided Indian citizenship because according to citizenship either one parent was an Indian and the other should not be an illegal emigrant at the time of the birth so in this situation Indian situation was not provided to the the child so far as Germany is concerned in Germany surrogacy is illegal which means the child born out of surrogacy is not provided German nationality when this couple approach the German embassy for trouble documents German embassy refused the trouble documents then matter went to the Gujarat High Court . High court said the trouble documents should be issued to the child so that they travel back to the Germany but within this period relaxed its rules allowed this German couple to come with the surrogate child and this child was provided with the trouble documents by Germany

There was an Australian couple they approached a surrogate mother in India and this surrogate mother delivered twins a boy as well as a girl. This couple refused to tale the girl because they already had a girl child

In some instances, surrogate mother was desserted those who asked for the services of this surrogate mother they left the country this surrogate mother was exploited she was denied nutritious food denied any monetary support


There have been instances where a women’s position to deliver a child that means the women and the husband are fertile but this women is an aspirational women she dose not want to unsecure her career and then she opts for surrogacy

Where a woman wants to preserve her figure wants to preserve her shape of the body and that is why she refuses pregnancy and ultimately, they opt for surrogacy

If the women who wants to preserve her figure and wants to opt for surrogacy it’s her right we should not interfere or if there is a women who wants to sustain her life it is her right either to opt surrogacy or doesn’t have child at all.  But the questions were raised

The surrogacy bill was passed by Lok Sabha in 2018

According to this Bill commercial surrogacy is prohibited that means non-resident Indians, foreigners, fertile couples they cannot opt for surrogacy that doesn’t mean surrogacy is banned in India

Commercial surrogacy is banned but altruistic surrogacy is allowed that means if there is a child is Indian couple because only the Indians are allowed to opt for surrogacy.

If there is a childless Indian couple which been married for 5 years but they don’t have a child they can opt for Altruistic surrogacy but the surrogate mother she should be the close relative of the couple that means those want to opt for surrogacy they have to approach a surrogate mother but the surrogate mother should be the close-relative and the couples should be related to the blood

Single parent for example, a single mother, a single father they cannot opt for surrogacy

Members from LGBT community they cannot opt for surrogacy

This surrogate mother herself should be married herself should have delivered a child should not be a non-resident India should not be any foreigner as well and this woman can act as surrogate mother only once in her life time and the bill also provides for punishment,

Who so ever violates these rules they will be sentenced up to 10 years in jail and fine of up to 10 lakh rupees can also be imposed on them.

The bill that aims to prohibit commercial surrogacy was introduced in the Lok Sabha on 15th of July 2019

Commercial surrogacy also known as Rent a womb was legalized in India in 2002 in order to promote medical tourism. The absence of strict legislation commercial surrogacy became a booming business in the country

A bill to ban commercial surrogacy in India un permitting only relative women to act as surrogate to infertile couples

What is ART

Assisted reproductive technology:

On the first day of monsoon session of the parliament in Lok Sabha the center has given the standardize protocols of growing fertility industry and they also introduced this ART BILL, 2020


Features of ART

  • Defining Art: the bill defines ART to include all the techniques that are needed to obtain a pregnancy by handling the sperms or oocytes outside the human body. So in a reproductive system of a woman they are transferring the gamete or the embryo.
  • A sperm is a male reproductive cell or the gamete
  • Oocyte – it is an immature cell that matures before the fertilization can occur.
  • It is a medical practice which is been done on the couples who are infertile who cannot bear the children
  • This ART includes many technologies like invitro fertilization, transfer of female gametes etc,
  • Invitro fertilization: the process of fertilization of a female egg with a male sperm happening outside embryo it will the fertilization happens in a lab and after the fertilization the zygote cell will be transferred to the mother embryo or the embryo of a surrogate mother.
  • Necessity of the Bill
  • India is a 3rd largest Asian market for ART because of its chief cost and willingness of many women to become a surrogate mother but it is highly un-regulated in India
  • Increasing hub for surrogacies in India
  • Lack of standard operating procedures, standards and regulations of the ART clinics and their staff
  • The demand of ART clinics is also increasing mainly because of increasing infertility in India


Provisions of the bill

It includes creation of national boards and state boards the purpose of these both boards is to lay down the code of conduct for both the clinics and their staff and also the standards for the physical infrastructure and labs

The state Authorities and the state boards will be formed by the state Government which will implement the code of conduct and standards.

Database for clinics and the Banks will be maintained by the national registry and registration Authorities (NRRA). It is a registration body where they register themselves and this data base will help in assisting the national boards and state boards



  • Sex selection
  • Sale of human gametes
  • Unlawful activities
  • Breach of confidenality: where the privacy of the women or male their data is been sold



If it is first time then 10 lakhs rupees fine and when the same offence is been committed for the 2nd time then it imposes an imprisonment of 12 years.



The creation of technology and generations has delivered a fantastic alternate withinside the lifestyles of human beings. At the equal time, it has additionally delivered troubles which had been in any other case unheard of. The observe of bio-technology has helped us to find out intercourse willpower strategies and different medical traits like DNA testing, finger printing to facilitate for management.














About the Author