Notes

-It proposes a complete ban on commercial surrogacy, legally wedded Indian couples can have children through surrogacy if-
one of them has fertility related issues,
married for five years
do not have a surviving child
it will help India to improve image from today's 'surrogacy hub in the world'; there will be no problem related to citizenship of a child otherwise might have, Eg. Germany recognizes citizenship by mother; no problem of discrimination with surrogate child
-A woman is allowed to become surrogate mother once in her life time only if-
her purpose is altruistic,
she is a close relative of the couple,
her age is between 25-35 years.
these provisions are helpful to remove its commercialisation and to check that only young and healthy women will go for surrogacy. It will help to reduce an attitude of protectionism and policing her body.
-provision of punishment with imprisonment less than 10 years and fine of Rs 10 lakh, if-
Any establishment found undertaking commercial surrogacy,
abandoning the child or
exploiting surrogate mother or
either selling or importing human embryo
There were cases of exploitation of surrogate mother by agents who recruited them as a surrogate.
In Baby Manji Yamada case, a Japanese couple who availed of surrogacy in India, divorced while the surrogate mother was pregnant. They then refused to take ownership of the child. Such cases of exploitation, abandon and trade will be curb.

Some concerns-
Un- married couples, single parents, homosexuals, and live-in partners cannot opt for surrogacy so limits their right to choice; the blanket ban is against the spirit of SC's judgment of live-in relationship are on par with marriage.
The Bill leaves several questions unanswered such as ensuring the protection of the health of a surrogate mother, maternity relief available to her etc.
few section criticising bill for taking away the poor's income source, but contract pregnancy amount to a complete commodification of children or their mothers.