Statement by India at the 37th Session of Human Rights Council (26 February-23 March 2018) on Agenda Item 3: Cluster Interactive Dialogue with the SR on the Right to Privacy and SR on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, delivered by Ms. Mini Kumam, Second Secretary. [Geneva, 06 March 2018]
Mr. President,
We thank both SRs for presentation of their reports.
2. We have noted in the report on the sale of children the reference to the presence of abusive practices in both regulated and unregulated surrogacy systems. As highlighted in the report, India has initiated certain steps to prevent commercial surrogacy. Our existing efforts to curb the abusive practices of commercial surrogacy include prohibition of import of Human Embryo except for research purposes. In addition, no visa and exit permit will be granted to foreign nationals for commissioning surrogacy in India.
3. India is also considering the Surrogacy (Regulation) Bill 2016 to regulate surrogacy services; prohibit the potential exploitation of surrogate mothers and protect the rights of children born through surrogacy. Once this Bill becomes an Act of Parliament, commercial surrogacy will be prohibited except for altruistic surrogacy. For availing altruistic surrogacy, the intending parents should be proven infertile Indian married couple only. The Surrogacy Boards at National and State levels will be constituted to review and monitor implementation of the rules and regulations. The National Surrogacy Board will advise the Central Government on policy matters related to surrogacy. One or more appropriate authorities at State levels will be appointed as executive bodies for implementing the provisions of the proposed Bill. The Bill has also laid down offences and punishments in detail.
4. We appreciate the recommendations of the SR; particularly on the need for a comprehensive legislation that prohibits sale of children in the context of surrogacy. We have also noted the importance of protecting the best interests of the child in such legislations.
Thank you.
