Donor gametes allowed for couples with medical conditions: New Rule on Surrogacy

The Union Health Ministry has revised the previous rules, which mandated that both gametes should be from the intending couple undergoing surrogacy. This amendment follows a directive from the Supreme Court questioning the delay in the government’s decision.

According to The Hindu, the latest amendment permits the couple to opt for surrogacy but necessitates at least one gamete from the intending couple. Additionally, single women, whether widowed or divorced, pursuing surrogacy must use their own eggs and donor sperm for the procedure, as outlined in the notification. However, the certification of the District Medical Board verifying that either husband or wife is suffering from a medical condition and needs the use of donor gamete would be mandatory to use donor egg or sperm. 

Last year women across the country approached the Supreme Court with petitions after it granted surrogacy permission to a woman with a rare congenital disorder who used a donor egg. The Centre’s initial notification in March 2023 previously prohibited the use of donor gametes for couples seeking surrogacy. Previously, in December last year, the Supreme Court questioned the purpose of previous rules and said, “The very purpose of surrogacy would get defeated by such rules.”

In January, the Supreme Court sought clarification from the Centre on its prolonged decision-making, expressing concern for numerous women approaching the court with surrogacy-related grievances.

Last month, Additional Solicitor General Aishwarya Bhati informed the court that the government was reassessing the amendments to surrogacy laws in the preceding year. This move prompted several pleas in the Supreme Court, challenging the amendment to Rule 7 on surrogacy issued on March 14, 2023.