Introduction: The Ministry of Health and Family Welfare, through a recent notification dated 21st February 2024, has introduced crucial amendments to the Surrogacy (Regulation) Rules, 2022, under the authority of the Surrogacy (Regulation) Act, 2021. These amendments bring significant changes to the surrogacy landscape in India, particularly concerning gamete usage and eligibility criteria for intending couples and single women.
Detailed Analysis: The Surrogacy (Regulation) Amendment Rules, 2024, introduce modifications to Form 2 of the existing rules. Notably, in paragraph 1 of Form 2, sub-paragraph (d) undergoes a crucial substitution. The amendment specifies that in cases where the District Medical Board certifies a medical condition necessitating the use of donor gamete for either the husband or wife constituting the intending couple, surrogacy using donor gamete is allowed. However, a key condition is imposed: the child born through surrogacy must have at least one gamete from the intending couple.
For single women undergoing surrogacy, including widows or divorcees, the amended rules state that they must use their own eggs and donor sperms to avail surrogacy procedures. This change emphasizes the importance of genetic connection to the intending parent in the surrogacy process.
These amendments aim to strike a balance between reproductive healthcare choices and ensuring a genetic link between the child and the intending parent(s). The rules address the complexities of surrogacy, especially in cases where medical conditions may necessitate the use of donor gametes.
Conclusion: The Surrogacy (Regulation) Amendment Rules, 2024, mark a significant milestone in India’s reproductive healthcare framework. By allowing surrogacy using donor gametes under specific conditions and emphasizing genetic connection in single women surrogacy cases, the government seeks to provide more inclusive and flexible options for intending parents. These amendments reflect a nuanced approach to surrogacy regulation, taking into consideration medical complexities and individual circumstances. It is crucial for stakeholders, including healthcare professionals and intending parents, to familiarize themselves with these changes to navigate the surrogacy process in compliance with the updated regulatory landscape.
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MINISTRY OF HEALTH AND FAMILY WELFARE
(Department of Health Research)
NOTIFICATION
New Delhi, the 21st February, 2024
G.S.R. 119(E).—In exercise of the powers conferred by section 50 of the Surrogacy (Regulation) Act, 2021 (47 of 2021), the Central Government hereby makes the following rules further to amend the Surrogacy (Regulation) Rules, 2022, namely:-
1. (1) These rules may be called the Surrogacy (Regulation) Amendment Rules, 2024.
(2) They shall come into force on the date of their publication in Official Gazette.
2. In the Surrogacy (Regulation) Rules, 2022, in Form 2, in paragraph 1, for sub-paragraph (d), the following shall be substituted namely:-
“1(d)(i) couple undergoing surrogacy must have both gamete from the intending couple. However, in case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from medical condition necessitating use of donor gamete then surrogacy using donor gamete is allowed subject to the condition that the child to be born through surrogacy must have atleast one gamete from the intending couple;
(ii) single woman (widow or divorcee) undergoing surrogacy must use self eggs and donor sperms to avail surrogacy procedure;”.
[F. No. U.11019/15/2022-HR (Part-II)]
RICHA KHODA, Jt. Secy.
Note.- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 460 (E)dated the 21st June, 2022, and subsequently amended vide numbers G.S.R. 772 (E), dated the 10th October, 2022, G.S.R. 179 (E), dated the 14th March, 2023, G.S.R. 415 (E), dated the 8th June, 2023 and G.S.R. 494 (E), dated the 11th July, 2023.
