Surrogacy (Regulation) Bill 2018 - Preliminary

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Chapter I

Preliminary

1. (1) This Act may be called the Surrogacy (Regulation) Act, 2018.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,

(a) “abandoned child” means a child born out of surrogacy procedure, deserted by his intending parents or guardians and who has been declared as abondoned by the appropriate authority after due enquiry;

(b) “altruistic surrogacy" means the surrogacy in which no charges, expenses, fees, remuneration or monetary incentive of whatever nature, except the medical expenses incurred on surrogate mother and the insurance coverage for the surrogate mother, are given to the surrogate mother or her dependents or her representative;

(c) “appropriate authority" means the appropriate authority appointed under section 32;

(d) “Board" means the National Surrogacy Board constituted under section 14;

(e) “clinical establishment" shall have the same meaning as assigned to it in the Clinical Establishments (Registration and Regulation) Act, 2010;

(f) “commercial surrogacy" means commercialisation of surrogacy services or procedures or its component services or component procedures including selling or buying of human embryo or trading in the sale or purchase of human embryo or gametes or selling or buying or trading the services of surrogate motherhood by way of giving payment, reward, benefit, fees, remuneration or monetary incentive in cash or kind, to the surrogate mother or her dependents or her representative, except the medical expenses incurred on the surrogate mother and the insurance coverage for the surrogate mother;

(g) “couple" means the legally married Indian man and woman above the age of 21 years and 18 years respectively;

(h) “egg" includes the female gamete;

(i) “embryo" means a developing or developed organism after fertilisation till the end of fifty-six days;

(j) “fertilisation" means the penetration of the ovum by the spermatozoan and fusion of genetic materials resulting in the development of a zygote;

(k) “foetus" means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth;

(l) “gamete" means sperm and oocyte;

(m) “gynaecologist" shall have the same meaning as assigned to it in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994;

(n) “embryologist" means a person who possesses any post-graduate medical qualification in the field of human embryology recognised under the Indian Medical Council Act, 1956 or who possesses a post-graduate degree in human embryology from a recognised University with not less than two years of clinical experience;

(o) “implantation" means the attachment and subsequent penetration by the zona-free blastocyst, which starts five to seven days following fertilisation;

(p) “infertility" means the inability to conceive after five years of unprotected coitus or other proven medical condition preventing a couple from conception;

(q) “insurance" means an arrangement by which a company, individual or intending couple undertake to provide a guarantee of compensation for specified loss, damage, illness or death of surrogate mother during the process of surrogacy;

(r) “intending couple" means a couple who have been medically certified to be an infertile couple and who intend to become parents through surrogacy;

(s) “Member" means a Member of the National Surrogacy Board or a State Surrogacy Board, as the case may be;

(t) “notification" means a notification published in the Official Gazette;

(u) “oocyte" means naturally ovulating oocyte in the female genetic tract;

(v) “Paediatrician" means a person who possess a post-graduate qualification in paediatrics as recognised under the Indian Medical Council Act, 1956;

(w) "prescribed" means prescribed by rules made under this Act;

(x) “registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 and whose name has been entered in a State Medical Register;

(y) “regulations" means the regulations made by the Board under this Act;

(z) "sex selection" shall have the same meaning as assigned to it in clause (o) of section 2 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994;

(za) “State Board" means the State Surrogacy Board constituted under section 23;

(zb) “State Government" in relation to Union territory with Legislature, means the Administrator of the Union territory appointed by the President under article 239 of the Constitution;

(zc) “surrogacy" means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth;

(zd) “surrogacy clinic" means surrogacy clinic or centre or laboratory, conducting assisted reproductive technology services, invitro fertilisation services, genetic counselling centre, genetic laboratory, Assisted Reproductive Technology Banks conducting surrogacy procedure or any clinical establishment, by whatsoever name called conducting surrogacy procedures in any form;

(ze) “surrogacy procedures" means all gynaecological or obstetrical or medical procedures, techniques, tests, practices or services involving handling of human gametes and human embryo in surrogacy;

(zf) “surrogate mother" means a woman bearing a child who is genectically related to the intending couple, 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;

(zg) “zygote" means the fertilised oocyte prior to the first cell division.
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