Donor gametes allowed for couples with medical conditions: New Rule on Surrogacy

Last year women across the country approached the Supreme Court with petitions after it granted surrogacy permission to a woman with a rare congenital disorder who used a donor egg. The Centre's initial notification in March 2023 previously prohibited the use of donor gametes for couples seeking surrogacy. Previously, in December last year, the Supreme Court questioned the purpose of previous rules and said, “The very purpose of surrogacy would get defeated by such rules.”

In January, the Supreme Court sought clarification from the Centre on its prolonged decision-making, expressing concern for numerous women approaching the court with surrogacy-related grievances.

Last month, Additional Solicitor General Aishwarya Bhati informed the court that the government was reassessing the amendments to surrogacy laws in the preceding year. This move prompted several pleas in the Supreme Court, challenging the amendment to Rule 7 on surrogacy issued on March 14, 2023.