LI Network
Published on: November 16, 2023 at 11:10 IST
The Kerala High Court has called for responses from the Central and State governments in connection with a petition filed by a married couple challenging an amendment to the Surrogacy (Regulation) Rules, 2022.
This amendment, which prohibits the use of donor gametes (eggs or sperms) for surrogacy, is being contested by the petitioners, who are dealing with infertility issues.
Justice Devan Ramachandran has issued notices to the Kerala State Assisted Reproductive Technology and Surrogacy Board, as well as the Central and State governments, regarding this matter.
The petitioners, a married couple, have faced fertility challenges, particularly due to the wife’s health condition—Systemic Lupus Erythematosus (SLE), a chronic inflammatory disease impacting various organs. After unsuccessful attempts with assisted reproductive technology, the wife’s health deteriorated, resulting in a heart attack in 2021.
Seeking surrogacy as an alternative, the couple encountered a hurdle due to the wife’s premature ovarian failure, necessitating the use of donor gametes. However, the recent amendment to the Surrogacy (Regulation) Rules, 2022, specifically disallows the use of donor oocytes (ovary cells), impeding the couple’s surrogacy plans.
The petition argues that this amendment contradicts Rule 14(a) of the Surrogacy Rules, which recognizes the absence of a uterus or related conditions as a medical indication requiring gestational surrogacy.
Referring to a similar case in the High Court of Calcutta, the petition notes a more flexible interpretation of the amendment, aligning with the Surrogacy Act and allowing the use of donor oocytes in exceptional circumstances.
Additionally, the plea cites a Supreme Court case where surrogacy with donor oocytes was permitted, contingent on the fulfillment of other statutory conditions.
The petitioners contend that the current amendment imposes an additional restriction not envisioned by the Surrogacy Act and Rules, placing them at a disadvantage.
Citing the woman’s medical complexities and supportive legal precedents, the petitioners seek relief from the Court to proceed with surrogacy using donor oocytes.
