New Hope for Surrogacy: Couples aspiring to parenthood through surrogacy have received a ray of hope as the government has introduced significant amendments to the Surrogacy (Regulation) Rules, 2022. The latest revision permits the use of donor gametes – eggs or sperm – in cases where one partner is medically unable to provide their own gametes.Expanded Options for CouplesTraditionally, couples undergoing surrogacy were required to contribute both gametes for the procedure. However, the Surrogacy (Regulation) Amendment Rules, 2024, now acknowledge situations where a medical condition impedes one partners ability to provide gametes. In such cases, the district medical board must certify the condition, paving the way for the use of donor gametes.According to a report by The Times of India, the amended rules specify that surrogacy involving donor gametes is permissible, provided that the child born through surrogacy retains at least one gamete from the intending couple. Additionally, single women, including widows or divorcees, embarking on the surrogacy journey must utilize their own eggs in combination with donor sperm.Reversal of Previous BanThe governments decision to allow donor gametes marks a significant reversal from its previous stance. A notification issued in March 2023 had prohibited the use of donor gametes for couples seeking surrogacy, prompting legal challenges based on medical grounds. The ban extended to aspiring single mothers, prohibiting them from accessing donor eggs.Following numerous petitions, the Supreme Court urged the government to reconsider its position. The recent amendment, permitting the use of donor gametes, is a direct outcome of this judicial intervention, according to officials.Relief for Couples: Medical Experts PerspectiveDr Shivani Sachdev Gour, founder secretary of the Delhi State chapter of the Indian Society for Assisted Reproduction (ISAR), hailed the governments decision as a source of relief for couples navigating the complexities of surrogacy.Dr Gour highlighted that many couples turn to surrogacy after facing multiple miscarriages and failed attempts at in vitro fertilization (IVF). For women grappling with low ovarian reserve due to age or medical conditions, accessing donor eggs becomes the only viable option for achieving parenthood. The revised regulations offer renewed hope to such couples, providing them with expanded options and opportunities.Background: Surrogacy Regulation in IndiaIndia introduced the Surrogacy (Regulation) Act of 2021 in response to the nations emergence as an international surrogacy destination. The legislation aimed to address concerns related to unethical practices, exploitation of surrogate mothers, abandonment of surrogate-born children, and the importation of human gametes and embryos.The recent amendments reflect a nuanced approach towards surrogacy regulation, balancing the aspirations of aspiring parents with the need for ethical and transparent practices in assisted reproduction.
