Surrogacy Rules Changed In India: Couples, Single Women To Benefit But Conditions Apply


(MENAFN- Live Mint) "The Centre has now allowed married couples to use an egg or sperm of a donor in case one of the partners is suffering from a medical condition. As per the amended Surrogacy (Regulation) Rules, 2022 the District Medical Board has to certify that either the husband or wife is suffering from a medical condition, necessitating the use of donor gamete.\"In case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from a medical condition necessitating use of donor gamete, then surrogacy using donor gamete is allowed,\" news agency PTI reported citing the notification issued on Wednesday notification added that the“surrogacy using donor gamete is allowed subject to the condition that the child to be born through surrogacy must have at least one gamete from the intending couple”.This implies that a couple cannot opt for surrogacy if both the partners have medical problems or are unable to have their own gametes.
ALSO READ: Centre mandates 3-yr health insurance plan for surrogate mothersFor single womenAs per the notification, \"single women (widow or divorcee) undergoing surrogacy must use self-eggs and donor sperm to avail surrogacy procedures.\" She has to use her own eggs for the process.
What earlier surrogacy rule saidThe Ministry of Health and Family Welfare amended the earlier rules that stated that couples undergoing surrogacy must have both gametes from the intending couple latest amendment came after the Supreme Court last year received petitions from women across the country after it allowed a woman with a rare congenital disorder to avail surrogacy with a donor egg. The Centre had in March 2023 issued a notification banning donor gametes for couples intending to undergo surrogacy pleas were filed in the Supreme Court following the amendment made in Rule 7 on surrogacy on March 14, 2023. The Rule 7 talks about the 'Consent of the Surrogate Mother and Agreement for Surrogacy' and deals about fertilisation of donor oocytes by the sperm of the husband 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.\" The court observed this while permitting more than two dozen petitioners to use the donor eggs to become mothers through surrogacy.(With inputs from PTI)

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