Centre Amends Surrogacy Rules 2022 to Allow Use of Donor Gametes

Feb26,2024 #Surrogacy
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Published on: February 26, 2024 at 09:21 IST

The Centre has made significant amendments to the Surrogacy Rules 2022, now permitting married couples to utilize an egg or sperm from a donor in cases where one partner is afflicted with a medical condition. The amendment specifies that the District Medical Board must certify the medical condition of either the husband or wife, necessitating the use of donor gametes.

According to the notification issued on Wednesday, if the District Medical Board certifies that either spouse of the intending couple suffers from a medical condition requiring the use of donor gametes, surrogacy using donor gametes is permissible. However, it mandates that the child born through surrogacy must have at least one gamete from the intending couple.

This provision implies that if both partners face medical challenges or are unable to provide their own gametes, they are ineligible for surrogacy. Additionally, the notification stipulates that single women, including widows or divorcees, undergoing surrogacy must utilize their own eggs and donor sperm to undergo surrogacy procedures.

The amendment follows petitions filed by women nationwide after the Supreme Court’s decision last year to permit surrogacy with a donor egg for a woman with a rare congenital disorder. Notably, the Centre had issued a notification in March 2023 prohibiting the use of donor gametes for couples intending to undergo surrogacy.

This alteration in surrogacy regulations is expected to provide relief to couples facing fertility challenges and seeking alternative options for parenthood. However, it underscores the importance of medical certification and adhering to guidelines to ensure the ethical and legal implementation of surrogacy procedures.

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