Surrogacy rules amended to include donor gametes in certain medical cases

New Delhi, February 23: In a significant development, the Centre has revised the Surrogacy Rules, 2022, permitting married couples to utilise donor eggs or sperm if one partner is medically compromised. The amendment, issued on Wednesday, specifies that the district medical board must certify the medical condition of either the husband or wife necessitating the use of donor gametes.

The revised rules state, "In case when the district medical board certifies that either husband or wife constituting the intending couple suffers from a medical condition necessitating the use of donor gamete, then surrogacy using donor gamete is allowed."

However, this allowance comes with a crucial condition – the child born through surrogacy must have at least one gamete from the intending couple. Essentially, if both partners face medical challenges or are unable to provide their own gametes, surrogacy is not permitted.

The notification also addresses single women, specifying that those undergoing surrogacy, such as widows or divorcees, must use their own eggs and rely on donor sperm to undergo surrogacy procedures.

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This amendment follows a series of petitions filed in the Supreme Court last year by women across the country. The petitions arose after the court permitted a woman with a rare congenital disorder to undergo surrogacy using a donor egg. Notably, in March 2023, the government had initially issued a notification banning the use of donor gametes for couples seeking surrogacy.

The revised rules reflect a nuanced approach to surrogacy, acknowledging the medical complexities that some couples may face. By allowing the use of donor gametes under certified medical conditions, the government aims to facilitate assisted reproductive technologies for couples struggling with infertility.