Surrogacy (Regulation) Amendment Rules, 2024

The Surrogacy (Regulation) Amendment Rules, 2024 were notified by the Ministry of Health and Family Welfare (MoHFW) on February 21, 2024. These amendments altered the existing Surrogacy (Regulation) Act, 2021, specifically regarding the use of donor gametes in surrogacy:

Key Points:

• Previously: Only couples with both gametes (egg and sperm) from intending parents were eligible for surrogacy. Donor gametes were not permitted.

• Amendment: Now, one donor gamete (either egg or sperm) can be used in certain circumstances. However, at least one gamete must still come from the intending couple.

• Condition for Using Donor Gamete: A District Medical Board must certify that a medical condition necessitates the use of a donor gamete by one partner in the intending couple.

Background:

• Prior to the amendment, the Surrogacy (Regulation) Act, 2021, prohibited the use of any donor gametes in surrogacy. This meant only couples who could contribute both the egg and sperm for conception were eligible for the process.

Changes introduced by the Amendment:

• The amendment now allows one donor gamete (either sperm or egg) to be used under specific conditions:

• Medical Necessity: A District Medical Board (DMB), a government-appointed body of medical professionals, must certify that one intending parent has a medical condition that prevents them from contributing their own gamete. This certification process aims to ensure the use of donor gametes is not based on non-medical reasons.

• Intending Couple's Gamete Requirement: At least one gamete (sperm or egg) must still come from the intending couple themselves. This restriction aims to maintain a genetic link between the child and at least one parent.

Impact of the Amendment:

• Expanded access to surrogacy: This amendment potentially opens doors for couples who were previously ineligible due to medical limitations on one partner's ability to provide a gamete.

• Ethical considerations: The amendment raises ethical concerns regarding potential pressure on women to act as surrogates and the commercialization of surrogacy, which is still prohibited in India.

Additional Points to Consider:

• The amendment is relatively recent, and its long-term implications are yet to be fully understood.

• Regulations around surrogacy are complex and can vary by state. It's crucial to consult legal and medical professionals to understand the specific requirements and procedures applicable in your situation.

These amendments aim to address situations where couples may be unable to conceive due to medical issues but still wish to have children through surrogacy. However, it's important to note that the regulations surrounding surrogacy are complex and can vary depending on specific circumstances. Consulting with legal and medical professionals is crucial for anyone considering surrogacy in India.

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