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

Written by Sanchari Chattopadhyay Published On 2024-02-26T11:55:01+05:30 | Updated On 26 Feb 2024 11:55 AM IST

New Delhi: In a significant modification to the Surrogacy (Regulation) Rules, 2022, the Central government has notified that couples suffering from a medical condition need not source both gametes from an intending couple.

The Union Health Ministry has revised the previous rules, which mandated that both gametes should be from the intending couple undergoing surrogacy. This amendment follows a directive from the Supreme Court questioning the delay in the government's decision.

Also Read: Delhi HC allows couple to continue with gestational surrogacy despite age bar

According to The Hindu, the latest amendment permits the couple to opt for surrogacy but necessitates at least one gamete from the intending couple. Additionally, single women, whether widowed or divorced, pursuing surrogacy must use their own eggs and donor sperm for the procedure, as outlined in the notification. However, the certification of the District Medical Board verifying that either husband or wife is suffering from a medical condition and needs the use of donor gamete would be mandatory to use donor egg or sperm.

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.

Also Read: Nobody wants India to become a womb renting industry - Delhi HC on surrogacy

Union Health MinistrysurrogacySupreme CourtpetitionSurrogacy Rules 2022medical conditiondonor gametes

Source : with inputs

Sanchari Chattopadhyay

Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.