[Answered] Critically analyze the recent amendments to the surrogacy laws in India with a focus on the use of donor gametes. Discuss the implications for intending couples, particularly those with medical conditions necessitating such measures.

Introduction: Give a brief description of the recent amendment.

Body: Evaluate the recent amendment and implication on intending couples

Conclusion: Way forward

Recently, the Union Government amended the surrogacy Rules to allow couples to use donor eggs or donor sperm for surrogacy. This overturned a previous amendment made in March 2023 that banned the use of donor gametes.

Evaluation of recent amendments

  • Use of Donor Gametes: The amendments explicitly allow for the use of donor sperm or eggs under certain conditions. However, intending couples must obtain a certificate of essentiality and a certificate of eligibility from the appropriate authorities to use donor gametes. This adds a bureaucratic hurdle and may prolong the already complex surrogacy process, causing further emotional and financial strain on intending couples.
  • Type of gametes: Couples can use donor eggs or sperm if one partner is infertile, but single women can only use their eggs. This amendment was made because some women cannot produce eggs due to medical conditions.
  • Eligibility clause: The new rules still prohibit single men, same-sex couples, and live-in partners from using surrogacy.

Implications for Intending Couples

  • Decreased accessibility: Even in cases where medical conditions require surrogacy, couples who are unable to conceive using their gametes have fewer options due to the ban on donor gametes. This encompasses individuals with genetic disorders, same-sex couples, and those with reduced gamete quality.
  • Increased financial and emotional strain: If a couple decides they still want to use a surrogate, they might be forced to look into other, frequently more costly and emotionally taxing options like adoption or international surrogacy.
  • Possibility of exploitation: As desperate couples look for other options outside of the law, the ban may result in unchecked practices and the exploitation of egg donors and surrogate moms.
  • Uncertain legal status: Couples thinking about surrogacy may experience additional anxiety and uncertainty due to the legal ramifications of using donor gametes despite the ban.


The recent amendments to India’s surrogacy laws, while aiming to prevent exploitation and commercialization, restrict access for intending couples needing donor gametes due to medical conditions. Balancing ethical concerns with accessibility requires ongoing discussions and potential amendments to ensure fair and inclusive surrogacy practices in India.

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