In India, several married couples are not able to become parents because of different reasons, including infertility or some genetic disorders. The central government has amended the surrogacy rule and given a ray of hope to those desiring married couples to become parents.
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What is Surrogacy?
It is an agreement in which a woman agrees to carry a child in her uterus and give birth (deliver) the child of another person or a couple. It can be opted by those women or couples who are not able to become parents due to some disorders or not being able to conceive.
Some countries have declared surrogacy an illegal practice, but in India, it is allowed as a legal practice under certain rules and regulations directed through the law of India.
What the Surrogacy rule states
The central government has amended the Rule 14(a) of the Surrogacy (Regulation) Rules, 2022. Earlier, according to this rule, the couple undergoing surrogacy must have both the gametes (egg/ovum or sperm) from the intended couple.
The last amendment is based on more than 20 petitions filed in the Supreme Court from women all over the country challenging the rule because they can’t conceive due to other factors that are not included in the rule. This Rule states to opt for surrogacy in case of different conditions, for example, no uterus or abnormal uterus of a medical condition such as gynecological cancer where, due to some cases, the uterus is removed. The Supreme Court held multiple hearings in December 2023, during which certain women testified that they were unable to conceive for various reasons not covered by the regulation, such as an autoimmune disease that interferes with oocyte formation.
After receiving several petitions, the Supreme Court asked the government to reconsider its notification released in March 2023. Under this, The Ministry of Health and Family Welfare banned the donor gametes for couples intending to undergo Surrogacy.
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New Amendment in the Surrogacy Rule
In December 2023, the Supreme Court questioned the previous rule and stated that the purpose of surrogacy would end under such rules.
After this, the Centre (The Ministry of Health and Family Welfare) has amended the Surrogacy (Regulation) Rule 2022 to allow the use of donor gametes- either egg/ovum or sperm with the condition, if one of the parents is not medically fit to use his or her gametes. The government has also been informed that in certain circumstances, the district medical board is required to attest to the fact that one or both couples are unable to use their gametes for reproduction.
It also adds that single women (divorcees or widows) can use their own eggs and donor sperm for Surrogacy.
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