Government Allows Donor Egg & Sperm in Surrogacy

Overview:

• The Central government has amended the Surrogacy (Regulation) Rules, 2022 to allow married couples to use donor gametes (eggs or sperm) in surrogacy. This modification provides hope for couples who face medical challenges and were previously restricted from using donor gametes under the Surrogacy (Regulation) Act, 2021.
   

Recent Amendment Details:

• Previous Restrictions: The Surrogacy (Regulation) Act, 2021, only allowed couples to use their own gametes for surrogacy. Donor gametes were not permitted, which excluded couples facing medical conditions that prevented them from producing viable eggs or sperm.
• Modified Rules: The recent amendment, notified on 21st February 2024 by the Ministry of Health and Family Welfare, allows married couples opting for surrogacy to use donor eggs or sperm under certain conditions:
  • Couples must primarily use their own gametes for the surrogate child.
  • If one of the partners is medically unable to produce their gametes, a District Magistrate Board can certify the condition, allowing the use of donor gametes (either egg or sperm).
  • Only one partner (either husband or wife) can use donor gametes, meaning the child must have at least one gamete from the intending parents.
• Eligibility for Surrogacy:
  • If both partners are unable to provide their gametes due to medical issues, they cannot opt for surrogacy under the current rules.
  • The amendment aims to balance the need for medical intervention while ensuring that at least one of the parents contributes genetically to the child.
     

Background and Court Involvement:

• The modification of the Surrogacy Rules came after the Supreme Court questioned the existing regulations. The Court received applications from married women who were unable to conceive due to medical complications and sought the use of donor gametes in surrogacy.
• The Court’s involvement helped highlight the legal and medical challenges faced by couples who wished to become parents through surrogacy but were previously barred from using donor gametes.
   

Significance of the Amendment:

• The move provides a relief for couples facing infertility due to medical conditions, making surrogacy a more inclusive option.
• It is a step towards more accessible reproductive healthcare and supports couples who may have previously been excluded from surrogacy options.
   

Limitations:

• While the modification is a positive step, it still has restrictions:
  • Only one partner can use a donor gamete.
  • Couples where both partners cannot provide viable gametes due to medical conditions cannot pursue surrogacy under the amended rules.
     

Conclusion:
The government’s decision to amend the Surrogacy (Regulation) Rules allows a more flexible approach to surrogacy, offering hope to couples with medical challenges. However, the provision still has limitations, and future adjustments may be needed to address the needs of all couples facing infertility.