The Centre has amended Surrogacy (Regulation) Rules, 2022 to allow use of a donor gamete – ova or egg cells and sperm – if one of the partners is certified to have a medical condition that prevents use of his or her own gametes.
Under normal circumstances, couples seeking surrogacy must provide both gametes. However, the Surrogacy (Regulation) Amendment Rules of 2024, recently announced by the government, stipulate that the district medical board must certify if either spouse is unable to provide gametes. Furthermore, the regulations permit surrogacy with donor gametes, on the condition that the child born through surrogacy possesses at least one gamete from the intended couple.
It adds, “Single women (widow or divorcee) undergoing surrogacy must use self-eggs and donor sperm to avail surrogacy procedures.”
This Government orders will bring relief to couples seeking surrogacy:
Dr Shivani Sachdev Gour, founder secretary of Delhi State chapter of Indian Society for Assisted Reproduction (USAR), said govt orders will bring relief to couples seeking surrogacy.
“Most couples opt for surrogacy after multiple miscarriages and failed IVFs. If the woman intending to fulfil her dream of parenthood has low ovarian reserve by the time she decides to opt for surrogacy, either due to age or a medical condition, getting a donor egg is the only choice to have a child. I am glad the government has reconsidered its earlier decision and allowed the same,” she said.
As India gained recognition as an international surrogacy destination, concerns arose regarding unethical practices, exploitation of surrogate mothers, abandonment of children born through surrogacy, and the importation of human gametes and embryos. In response, the country enacted the Surrogacy (Regulation) Act of 2021.
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