While supporting most of the provisions of the Surrogacy (Regulation) Bill 2019, Rajya Sabha members on Wednesday expressed reservation in clauses which mandates that only a close relative can be a surrogate mother and provisions of five years of marriage for commissioning parents.
Cutting across the party line, they sought modifications in provisions such as time frame for abortion, time limit of age and prior informed consent, among others. Some of the members also sought provisions for allowances and insurance along with maternity leave for the surrogate mother, besides relaxation in numbers of surrogacy.
The Bill was introduced in the Upper House on Tuesday by Union Health Minister Harsh Vardhan. It has been passed by the Lok Sabha in the Monsoon Session.
Participating in the debate, Jairam Ramesh(Congress) said that it was a “very complicated bill” and the Government should get an amended bill passed after considering the suggestions of the members.
“It is very complicated bill. We all agree that surrogacy should be regulated but in what form, it is still debated,” he said, adding that the bill should have come after the Assisted Reproductive Technology (ART) bill as the Government is “dealing with surrogacy but not dealing with the technology of surrogacy,” he said.
P Wilson(DMK) said the bill has provisions for permission for abortion within 90 days, but sometimes there are cases of medical emergency, and surrogate mother cannot wait for such period.
There should be provision of post-approval as well, he said while Vijaysai Reddy of the YSRCP, while supporting the bill, sought clarity as in which close relatives of the couple opting for surrogacy could be considered for the procedure under the provisions of the bill.
Manoj Kumar Jha (RJD) pointed out that the bill was silent on same-sex couples and people who were in live -in relationships while Aam Aadmi Party’s Sushil Kumar Gupta said the bill in the current form would end up surrogate mothers exploitation.
Vikas Mahatme of the BJP said that with passing of the bill in Parliament, the exploitation of poor surrogate mothers would end in the country while Congress’s Amee Yajnik said the bill is much needed but in the current form contains various gaps.
Binoy Viswam (CPI), D P Vats (BJP) Banda Prakash(TRS), Chhaya Verma (Congress), C P Thakur (BJP), Vijila Sathyanath (DMK) Lal Singh Vadodia, Gopal Singh (BJP), Harshvardhan Singh Dungarpur (BJP), Gopal Narayan Singh (BJP) and Jugal Singh Mathurji (BJP) also participated in discussion on the issue.