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DR. HEENA VIJAYKUMAR GAVIT (NANDURBAR): Sir, I rise to support the Assisted Reproductive Technology (Regulation) Bill, 2020. In India, assisted reproductive technology has remained unregularized for a long, long time.

          Baby Manji Yamada Versus Union of India was the first case wherein the Supreme Court had remarked on the importance of developing a strong legislative framework to govern surrogacy which is a common method of assisted reproductive  technology in India. This judgement also holds critical importance because it was decided upon by the judges under the presumption of legality of surrogacy agreements and surrogate motherhood. This judgement also acts as the precursor to the Surrogacy (Regulation) Bill, 2019 which was passed by the Lok Sabha in August, 2019 after which it was referred to the Select Committee.

          A report by the Ministry of Women and Child Development also emphasized that there has been an increase in the number of foreign couples coming to India who opt to travel to India to have surrogate children. There can be lots of reasons behind that. One reason is that there is a legislative prohibition in some of the countries. That is one of the reasons why foreign couples come to India. One of the most important reasons why foreign couples come to India is that earlier there was a lack of any legislation which was having regulation over assisted reproductive technology. The second reason is that the cost of assisted reproductive technology in India was much, much lower than in other parts of the world.

मैडम, हम सेक्स ऑफ चाइल्ड पहले से भी जान जाएंगे। In this aspect, the Bill does not address the plight of such surrogate child found non-genetically connected with either of the parents post-birth due to mishaps arising out of switching or swapping of the donated frozen gametes of couples in clinics or labs or in sperm banks. The Bill is unclear if such a surrogate child is allowed to be abandoned or rejected or left in adoption home or orphanage. The Bill needs to address these issues very clearly.

 Sir, this Surrogacy (Regulation) Bill, 2019 was introduced by the Minister of Health and Family Welfare in Lok Sabha on 15th July, 2019. उसके बाद अभी यह विषय चर्चा में आया है। जिस प्रकार से बताया गया कि बहुत सालों से इस पर चर्चा हो रही है। यह विषय हर कमेटी में अलग-अलग चीजों पर चर्चा के लिए गया है और उसके बाद अभी यह विषय यहाँ आया है। हमारे पास कुछ चीजें हैं, जिनके बारे में मैं बोलना चाहूँगी। The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple and hands over the child after the birth to the intending couple. The Bill in its present form adopts a need-based approach rather than a rights-based approach. The rights of the surrogated mother, of the unborn child, and of the person to parenthood must be given highest priority while formulating the regulation by striking a perfect balance. Now we have concern for three parties in this, Madam, the unborn child, the surrogated mother, and the intending couple. So, while passing the Bill, we have to take care of the rights of all these three parties. Commercial surrogacy is banned and at present; only relatives can be involved in surrogacy. We have to look at the practical issues in a male-dominated society.… (व्यवधान)