Lok Sabha Debates
Rajya Sabha At Its Sitting Held On The 8Th December, 2021, Passed The Surrogacy ... on 15 December, 2021
Seventeenth Loksabha an> Title: Rajya Sabha at its sitting held on the 8th December, 2021, passed the Surrogacy (Regulation) Bill, 2019, with amendments and returned the Bill with request that the concurrence of Lok Sabha to the amendments to communicate to Rajya Sabha. SECRETARY GENERAL: Sir, I have to report the following message received from the Secretary General of Rajya Sabha:-
'I am directed to inform the Lok Sabha that the Surrogacy (Regulation) Bill, 2019 which was passed by the Lok Sabha at its sitting held on the 5th August, 2019, has been passed by the Rajya Sabha at its sitting held on the 8th December, 2021 with the following amendments:-
LONG TITLE
1. That at page 1, for the words "National Surrogacy Board, State Surrogacy Boards ", the words. "National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards" be substituted.
ENACTING FORMULA
2. That at page 1, line 1 for the word "Seventieth" the word "Seventy- Second" be substituted. CLAUSE 1
3. That in the marginal heading, for the words "Short title, extent and commencement", the words "Short title and commencement" be substituted.
4. That. at page 1, line 4, for the figure "2020" the figure "2021" be substituted.
5. That at page 1, line 5, be deleted.
CLAUSE 2
6. That at page 2, line 3, after the word "expenses", the words "and such other prescribed expenses" be inserted.
7. That at page 2, after line 6, the following be inserted, namely:-
"(ca) 'Assisted Reproductive Technology Act' means the Assisted Reproductive Technology (Regulation) Act, 2021;"
8. That at page 2, line 7, for the words "National Surrogacy Board," the words "National Assisted Reproductive Technology and Surrogacy Board" be substituted.
9. That at page 2, line 16, after the words "medical expenses", the words "and such other prescribed expenses" be inserted.
10. That at page 2, for lines 23 to 26, the following be substituted, namely:-
"(j) "embryologist" means a person who possesses any post- graduate medical qualification or doctoral degree in the field of embryology or clinical embryology from a recognized University with not less than two years of clinical experience;".
11. That at page 2, lines 3 8 and 3 9, be deleted.
12. That at page 2, line 41, after the words "compensation for", the words "medical expenses, health issues," be inserted.
13. That at page 2, line 42, after the words "surrogate mother", the words "and such other prescribed expenses incurred on such surrogate mother" be inserted.
14. That at page 2, for lines 43 and 44, the following be substituted, namely:-
"(r) "intending couple" means a couple who have a medical indication necessitating gestational surrogacy and who intend to become parents through surrogacy;".
15. That at page 2, after line 44, the following be inserted, namely:-
"(ra) "intending woman" means an Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy;".
16. That at page 2, lines 45 and 46, for the words "the National Surrogacy Board or a State Surrogacy Board", the words "the National Assisted Reproductive Technology and Surrogacy Board or a State Assisted Reproductive Technology and Surrogacy Board" be substituted. 17: That at page 3, line 14, for the words "the State Surrogacy Board", the words "the State Assisted Reproductive Technology and Surrogacy Board" be substituted.
18. That at page 3, for lines 30 to 33, the following be substituted, namely:-
"(zf) "surrogate mother" means a woman who agrees to bear a child (who is genetically related to the intending couple or intending woman) through surrogacy from the implantation of embryo in her womb and fulfils the conditions as provided in sub-clause (b) of clause (iii) of section 4;".
19. That at page 3, after line 34, the following be inserted namely:-
"(2) Words and expressions used herein and not defined in this Act but defined in the Assisted Reproductive Technology Act shall have the meanings respectively assigned to them in that Act.".
CLAUSE 4
20. That at page 4, for lines 43 and 44, the following be substituted, namely:-
"(a) when an intending couple has a kedical indication necessitating gestational surrogacy:
Provided that a couple of Indian origin or an intending woman who intends to avail surrogacy, shall obtain a certificate of recommendation from the Board on an application made by the said persons in such form and manner as may be prescribed.
Explanation.-For the purposes of this sub-clause and item (I) of sub-clause (a) of clause (iii) the expression "gestational surrogacy" means a practice whereby a surrogate mother carries a child for the intending couple through implantation of embryo in her womb and the child is not genetically related to the surrogate mother;".
2l. That at page 5, for lines 12 and 13, the following be substituted, namely:-
"(I) a certificate of a medical indication in favour of either or both members of the intending couple or intending woman necessitating gestational surrogacy from a District Medical Board;".
22. That at page 5, line 14 for, the weird "sub-clause", the word "item" be substituted.
23. That at page 5, for line 23, the following be substituted, namely:-
"couple or the intending woman and the surrogate mother, which shall be the birth affidavit after the surrogate child is born; and".
24. That at page 5, line 24, after the words, "such amount", the words "and in such manner", be inserted.
25. That at page 5, line 25, for the words, "sixteen months", the words "thirty- six months", be substituted.
26. That at page 5, for lines 37 to 39, the following be substituted, namely:-
"(II) a willing woman shall act as a surrogate mother and be permitted to undergo surrogacy procedures as per the provisions of this Act:
Provided that the intending couple or the intending woman shall approach the appropriate authority with a willing woman who agrees to act as a surrogate mother;".
27. That at page 6, line 3, for the words, "the age of intending couple is between", the words "the intending couple are married and between the age of', be substituted.
28. That at page 6, lines 6 and 7 be deleted.
CLAUSE 5
29. That at page 6, lines 16 and 17, after the words, "intending couple", the words "or intending woman", be inserted.
CLAUSE 7
30. That at page 6, line 27, after the words, "intending couple", the words "or intending woman", be inserted.
31. That at page 6, lines 31 to 33 be deleted.
NEW CLAUSE 7 A
32. That at page 6, after line 33, the following new clause, be inserted, namely:-
"7A. A child born out of surrogacy procedure, shall be deemed to be a biological child' of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force.".
Rights of surrogate child.
CLAUSE 8
33. That at page 6, line 34, for the words "implanted in the surrogate mother", the words "implanted in the uterus of the surrogate mother" be substituted. CLAUSE 13
34. That at page 7, line 37, after the words, "surrogacy clinic", the words "or the intending couple or the intending woman", be inserted.
35. That at page 7, line 39, after the words and figure, "under section 12", the words and figure" "and communication relating· to rejection of the certificates under "section 4", be inserted. NEW CLAUSES 13A AND 13B
36. That at page 7, after line 45 the following new clauses be inserted namely:-
"13A. There shall be established a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry for' the purposes of registration of surrogacy clinics under this Act.
13B. The National Assisted Reproductive Technology and Surrogacy Registry referred to in section 13A and to be established under section 9 of the Assisted Reproductive Technology Act shall be the National Registry for the purposes of this Act and the functions to be discharged by the said Registry under the Assisted Reproductive Technology Act shall, mutatis mutandis, apply.".
Establishment of National Assisted Reproductive Technology and Surrogacy Registry.
Application of provisions of Assisted Reproductive Technology Act with respect to National Registry.
CLAUSE 14
37. That at page 8, for lines 2 to 5, the following be substituted, namely:-
"NATIONAL ASSISTED REPRODUCTIVE TEC~OLOGY AND SURROGACY BOARD AND STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARDS
14.(1) The Central Government shall, by notification, constitute a Board to be known as the National Assisted Reproductive Technology and Surrogacy Board to exercise the power and perform the functions conferred on the Board under this Act.".
Constitution of National Assisted Reproductive Technology and Surrogacy Board.
38. That at page 8, lines 22 and 23, the words, "or experts of stri-roga or prasuti- tantra", be deleted. CLAUSE 15
39. That at page 8, lines 42 and 43, for the words, "one year", the words "three years", be substituted. CLAUSE 22
40. That at page 10, line 27, for the words "State Surrogacy Boards", the words "State Assisted Reproductive Technology and Surrogacy Boards" be substituted. CLAUSE 23
41. That at page 10, for lines 29 to 31, the following be substituted, namely:-
"23. Each State and Union territory having Legislature shall constitute a Board to be known as the State Assisted of Reproductive Technology and Surrogacy Board or the Assisted Union Territory Assisted Reproductive Technology and Reproductive Surrogacy Board, as the case may be, which shall discharge the following functions, namely:-".
Constitution of State Assisted Reproductive Technology and Surrogacy Board. CLAUSE 24
42. That at page 11, lines 13 and 14, the words "or experts of stri-roga or prasuti-tantra", be deleted. CLAUSE 25
43. That at page 11, line 29, for the words "one year", the words "three years" be substituted. CLAUSE 32
44. That at page 13, for line 9, the following be substituted, namely:-
"each of the Union territories for the purposes of this Act and the Assisted Reproductive Technology Act.".
45. That at page 13, for line 12, the following be substituted, namely:-
"the whole or any part of the State for the purposes of this Act and the Assisted Reproductive Technology Act.".
46. That at page 13, after line 15, the following be inserted, namely:-
"(i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare Department-Chairperson, ex officio;".
47. That at page 13, line 17 for the word "Chairperson" the words "Vice Chairperson, ex officio" be substituted. CLAUSE 34
48. That at page 14, line 12, after the words "may be prescribed", the words "and submit the same to the National Assisted Reproductive Technology and Surrogacy Board" be inserted. CLAUSE 37
49. That at page 15, for the existing marginal heading, the words "Punishment for not following altruistic surrogacy." be substituted.
50. That at page 15, line 8, after the words "Any intending couple", the words "or intending woman" be inserted.
51. That at page 15, line 10, for the words "commercial surrogacy", the words "not following the altruistic surrogacy" be substituted. CLAUSE 47
52. That at page 16, after line 33 the following be inserted, namely:-
"(a) the prescribed expenses under clauses (b), (f) and (q) of sub-section (1) of section 2;".
53. That at page 16, line 36 for the words, "the manner", the words "the period and manner", be substituted.
54. That at page 16, after line 37, the following be inserted, namely:-
"(ba) the form and manner of application for obtaining certificate of recommendation from the Board under proviso to sub-clause (a) of clause (ii) of section 4;".
55. That at page 16, line 39, after the word "company" the words "and the manner of such coverage" be inserted.
56. That at page 16, line 44, for the words "implanted in the surrogate mother", the words "implanted in the uterus of the surrogate mother" be substituted.
57. That at page 17, lines 17 and 18, for the words "the State and Union Territory Boards", the words "the State Assisted Reproductive Technology and Surrogacy Board and Union territory Assisted Reproductive Technology and Surrogacy Board" be substituted. I am, therefore, to return herewith the said Bill in accordance with the provisions of rule 128 of the Rules of Procedure and Conduct of Business in the Rajya Sabha with the request that the concurrence of the Lok Sabha to the said amendments be communicated to this House.' Sir, I lay on the Table the Surrogacy (Regulation) Bill,2019, as passed by Lok Sabha and returned by Rajya Sabha with amendments.
HON. CHAIRPERSON: This is not the way.
… (Interruptions)
HON. CHAIRPERSON: Please go back to your seats.
… (Interruptions)