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India proposes ban on commercial surrogacy

2 min read
Nilgiri Ooty railway station in India

Nilgiri Ooty railway station in India. Image: Pratheepps.

Indian foreign minister Sushma Swaraj announced on Wednesday a draft law to ban commercial surrogacy in the country. Commercial surrogacy is where a person or couple pay another woman (the surrogate) to carry a pregnancy for them. The new proposed law will allow only infertile couples who’ve been married five or more years to use a surrogate to conceive, on the condition that the surrogate is a close relative of the couple’s.

The proposed ban will prevent single women, foreigners, non-resident Indian nationals, and the LGBTI community from accessing surrogacy services.

Minister Swaraj was quoted in the Indian Express newspaper saying, “we do not recognise live-in and homosexual relationships … this is against our ethos,” adding that Indians living overseas would be banned as “divorces are very common in foreign countries”.

The draft bill will now go to parliament for approval. If approved, minister Swaraj said the ban on commercial surrogacy would come into affect 10 months after passing parliament, allowing for women already in commercial surrogacy arrangements to give birth.

Experts in surrogacy have criticized the proposed law, saying that a complete ban on commercial surrogacy will simply force ineligible couples into illegal surrogacy arrangements. India is one of few countries in the world that currently allows commercial surrogacy. In 2012 the United Nations estimated that there are over 3,000 fertility clinics in India, generating approximately $400 million USD a year from commercial surrogacy.


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