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Kriti Sanon's latest movie, "Mimi," tries to showcase the struggles of a single surrogate mother abandoned by the child's biological parent. However, the real legal procedure of surrogacy is very different from what the movie portrayed.
The movie is set up in 2013, which is why it gets away with showing an American couple opting for commercial surrogacy. When the reports of surrogacy mistreatments began increasing, India banned foreigners from performing commercial surrogacy using Indian women. (Surrogacy Regulation Bill, 2016)
Thus, the circumstances shown in the movie can't legally happen in India.
Surrogacy is a medical procedure where a woman consents to become pregnant to carry the intended parent's child (s). In an attempt to counter the widespread exploitation of Indian women for surrogacy, Lok Sabha passed the Surrogacy Regulation Bill, 2019. (August 5, 2019). The Bill was referred to The Select Committee who drafted The Surrogacy Bill, 2020.
On February 26, 2020, The Union Cabinet passed the Bill, which is now awaiting the approval of the Rajya Sabha. The essential features that will govern the surrogacy laws of India are:-
The Bill proposes to establish regulatory bodies to regulate all the surrogacies happening in India. (National Surrogacy Board at the central level and the State Surrogacy Board at the state level)
It demands a complete ban on commercial surrogacy. Only altruistic surrogacy will be allowed in India.
The condition of "proven infertility - the inability to conceive after five years of unprotected coitus or other proven medical condition preventing a couple from conception" was replaced with "when an intending couple has a medical indication necessitating gestational surrogacy."
The 2019 surrogacy bill only allowed close relatives of the family members to act as surrogates. However, the 2020 bill widened the ambit of the legislation by including any "intending woman." Thus, any Indian woman who is a widow or divorcee between 35 to 45 years is permitted to opt for surrogacy. It does not allow single women or PIOs (Person of Indian Origin - a foreign citizen who held an Indian Passport at any point in time) to avail surrogacy.
The Hon'ble Gujarat High Court's judgment in Jan Balaz v. Anand Municipality highlighted the importance of the rights of a surrogate child. This legislation reflects the ruling as it gives all the rights to a surrogate child that are usually given to the biological child. The Bill also prohibits giving birth to a surrogate child for selling, prostitution, or any other means of exploitation.
The parents are also not permitted to abandon, disown, or exploit the child born out of surrogacy. The provisions also provide stringent penalties to deter any potential violators.
In a nutshell, The Surrogacy Bill, 2020, is a unique blend of social, ethical, legal, and scientific issues. This legislation is an effective step forward to reduce the legal vagueness that surrounds the procedure of surrogacy. It is an efficient way to ensure the legal rights of the surrogate child and the surrogate mother.
For a more detailed understanding, refer to the case study of " Jan Balaz v. Anand Municipality" by clicking the link below.