The Aryavarth Express
Agency(New Delhi): The Supreme Court of India has recently directed an amendment to the Surrogacy (Regulation) Rules, 2022, which now allows married couples with specific medical conditions to use donor sperm or eggs. This decision comes after the initial ban on donor gametes for surrogacy in March 2023, which faced significant criticism and legal challenges.
The key change is in Rule 7, concerning the ‘Consent of the Surrogate Mother and Agreement for Surrogacy.’ It now requires that the District Medical Board confirm the medical necessity for a couple to use a donor gamete. However, the rule stipulates that the child born through surrogacy must have at least one gamete from the intending couple. This condition restricts couples where both partners have medical issues preventing the use of their gametes from opting for surrogacy. The rules remain unchanged for single women (widows or divorcees), who must use their eggs and donor sperm for surrogacy.
This amendment is particularly significant for couples unable to conceive naturally due to various medical conditions. For instance, a case presented to the Bombay High Court involved a couple in their thirties unable to conceive due to the woman’s small uterus size. Medical evidence suggests that women’s gametes’ quality can decline with age, making donor gametes a necessary option for healthy childbirth.
Despite this progress, the surrogacy rules in India continue to draw criticism for excluding certain groups. The Surrogacy (Regulation) Act and its rules do not allow queer individuals, couples in live-in relationships, and single unmarried women to access surrogacy. This exclusion upholds a traditional view of family and parenthood, limiting surrogacy to heterosexual, married couples.
A notable case highlighted by the Supreme Court involved a 44-year-old single woman seeking to become a mother through surrogacy. The court denied her plea, emphasizing the protection of the institution of marriage and societal norms over individual choices, contrasting this stance with Western societies where children are often born outside of traditional marital structures. This decision underscores the ongoing tension between advancing medical capabilities and prevailing social norms in India’s context.
