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The Center has introduced significant changes to the regulations governing surrogacy, particularly concerning the use of donor gametes for couples facing medical challenges. Here’s a breakdown of the recent amendments to the Surrogacy (Regulation) Rules, 2022
Certification by the District Medical Board
Under the amended rules, couples are now permitted to utilize an egg or sperm from a donor if one of the partners is grappling with a medical condition. The District Medical Board is tasked with certifying the medical necessity for the use of donor gametes.
Conditions for Surrogacy with Donor Gametes
According to the notification issued by the news agency PTI, surrogacy using donor gametes is sanctioned on the condition that the child born through surrogacy must possess at least one gamete from the intending couple.
Limitations on Couples with Medical Problems
A crucial implication of these regulations is that couples cannot opt for surrogacy if both partners are facing medical issues or are unable to provide their gametes. The notification emphasizes that, in such cases, surrogacy procedures cannot be pursued.
Requirement for Single Women
For single women, including widows or divorcees, seeking surrogacy, the regulations stipulate that they must utilize their eggs alongside donor sperm to undergo surrogacy procedures. This underscores the importance of using the woman’s eggs for the process.
Changes from Previous Surrogacy Rules
The Ministry of Health and Family Welfare amended the earlier rules, which mandated that couples undergoing surrogacy must provide both gametes. This alteration follows petitions received by the Supreme Court last year, particularly from women across the country seeking access to surrogacy with donor gametes.
Judicial Response and Observations
Following the amendments made to Rule 7 on surrogacy in March 2023, several pleas were filed in the Supreme Court. In December of the same year, the court questioned the effectiveness of the previous rules, emphasizing that such regulations would defeat the purpose of surrogacy. This observation came as the court permitted numerous petitioners to utilize donor eggs for surrogacy, acknowledging the complexities and challenges faced by intending parents.
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These changes mark a significant shift in surrogacy regulations, aiming to provide more inclusive access to assisted reproductive technologies while addressing the medical needs and concerns of intending parents.
