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Source-This post on Donor gametes is allowed as per new amendment in Surrogacy (Regulation) Rules, 2022 has been created based on the article “Why were surrogacy rules modified?” published in “The Hindu” on 22 February 2024.
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News– The article discusses recent amendments to the Surrogacy (Regulation) Rules, 2022, addressing concerns and complexities surrounding surrogacy procedures.
What was the need to modify surrogacy rules?
1) Medical ailments with the intending couples- The previous rule insisted on using both eggs and sperm from the intending couple. However, this prevented married couples from using donor gametes for surrogacy in case they suffered from medical ailments that made it difficult to conceive.
2) SC Verdict- The 2023 rules were challenged in the Supreme Court by a woman with Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome. MRKH is a rare congenital disorder that affects the reproductive system and can cause infertility. Supreme Court doubted the correctness of the previous rule.
Read more- Regulating ART and Surrogacy: Associated Challenges – Explained, pointwise
What are the latest amendments to the 2022 Surrogacy Rules?
The latest amendments have allowed using donor gametes, if either the husband or wife in the intending couple has a medical condition which is certified by a medical board.
Read More about the amended rules – Centre Allows Donor Gametes in Surrogacy Rules
What are the issues with the latest amendments?
1) Exclusion-The regulatory change is not applicable for single women as it specifies that a widow or a divorcee undergoing surrogacy must use self-eggs and donor sperm. This is a violation of fundamental rights under Articles 14 (right to equality) and 21 (right to life) of the Constitution. Experts have also criticized the restrictions on access to surrogacy by single persons, live-in couples, and LGBTQ couples
2) Implication for family-It has wider implication for families those who want to embrace parenthood and autonomy of an individual to choose their paths to parenthood.
Conclusion
There is a need to male act more humane and inclusive by accommodating the concerns of live-in couples, unmarried women, and single parents in this act, as Right to Reproduction is the fundamental right protected under Article 21 of the constitution.
