[Answered] Discuss the implications of the recent modifications to the Surrogacy (Regulation) Rules, 2022, on the rights to parenthood in India. How do these changes reflect the government’s approach towards addressing medical complications and societal norms?

Introduction: Give a brief context to the question

Body: Highlight implications of recent rules on parenthood and government approach to address medical complications and societal norms

Conclusion: Way forward

The recent modifications to the Surrogacy (Regulation) Rules, 2022, in India, have significant implications for the rights to parenthood in the country, reflecting both shifts in addressing medical complications and societal norms. The latest amendments have allowed using donor gametes, if either the husband or wife in the intending couple has a medical condition that is certified by a medical board.

Implications of recent modifications to Surrogacy Rules 2022

  • Increased Accessibility: The change addresses a major barrier to parenthood for couples with medical complications preventing them from using their gametes. This expands possibilities for those who want to have children but face biological limitations.
  • Challenges for Single Parents: These revisions still do not directly address the right to parenthood for single individuals or LGBTQ+ couples.
  • Ban on Commercial Surrogacy: One of the most significant changes is the prohibition of commercial surrogacy. Under the new rules, only altruistic surrogacy is permitted, where the surrogate mother volunteers to carry a child for the intended parents without monetary compensation beyond medical expenses and insurance coverage.

Reflections on the Government’s Approach

  • Reducing Medical Barriers: The new rule demonstrates the government’s understanding of the difficulties caused by medical infertility and its readiness to put remedies into place. It seeks to give couples who are having trouble conceiving naturally other options.
  • Cautious Expansion: The emphasis on married couples is indicative of a methodical, albeit perhaps cautious, approach to increasing surrogacy access. This can be the result of a desire for strict regulation of the practice as well as sociocultural factors.
  • Conventional Family Models: Restricting the present reforms to married couples may be seen as a way to highlight Indian society’s traditional family arrangements. This could be interpreted as a reluctance to accept other family structures to the fullest.

Conclusion

The Surrogacy (Regulation) Act, 2022, presents a multifaceted and contentious topic that requires a deep understanding for a comprehensive viewpoint. As it evolves and matures, it holds the potential to reshape the landscape of surrogacy in India.

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