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New Surrogacy Rules : SC Allows ?

  • Writer: M.R Mishra
    M.R Mishra
  • Feb 24, 2024
  • 1 min read

Background:

  • The Surrogacy (Regulation) Act, 2022, initially banned all forms of surrogacy involving donor gametes. This meant couples and individuals couldn't use donor eggs or sperm, even if they had medical conditions preventing them from using their own.

  • This ban faced criticism and legal challenges, with couples arguing it hindered their right to parenthood due to medical reasons.

Amendment:

  • The recent amendment addresses these concerns by allowing married couples to use donor gametes if one partner has a certified medical condition that necessitates it.

  • This certification needs to come from a District Medical Board, ensuring a medical professional's assessment.

  • Importantly, at least one gamete (egg or sperm) must still come from the intending couple, promoting a genetic link.

Implications:

  • Positive:

  • Provides relief to couples with medical infertility issues.

  • Offers a pathway to parenthood for those who might otherwise not have options.

  • Addresses ethical concerns by requiring medical justification and maintaining genetic connection.

  • Negative:

  • Excludes single individuals and couples with both partners having medical issues.

  • Raises questions about potential exploitation of surrogate mothers.

  • Requires careful monitoring to ensure ethical practices.

Further Considerations:

  • The amendment is relatively new, so its long-term impact and implementation details are yet to be seen.

  • Ethical guidelines and regulations need to be closely enforced to prevent exploitation.

  • Individual circumstances and legal advice are crucial for anyone considering surrogacy under these amended rules.



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