Centre reconsidering surrogacy act clause barring donor gametes

New Delhi: In a remarkable move, the Union Government will likely permit eligible couples to receive donor gametes (eggs/ova or sperm) from others when choosing surrogacy. The centre informed the Supreme Court that they would likely examine last year's amendment of the Surrogacy (Regulation) Act, which prohibited using donor gametes.

According to reports, discussions are ongoing with experts regarding the same. The government informed the apex court that this would make the surrogacy process much easier for couples who are unable to ovulate due to underlying medical conditions.

As per an order issued on March 14, 2023, rule 7 of the Surrogacy Act, the egg and the sperm of an intending couple can only be used for gestational surrogacy. As a result, many couples with underlying medical conditions and unable to produce gametes were barred from accepting parenthood through this means. However, the Supreme Court later observed that insisting the same is prima facie against Rule 14(a) of the Surrogacy (Regulation) Rules, 2022. 

After the amendment came into being, many women approached the SC seeking exemption from this rule. Besides providing relief to many women, the Supreme Court remarked that not everyone would be able to undertake a legal process to get an exemption from the rules. Therefore, it asked the Centre to reconsider its decision. 

Surrogacy for single parents

The apex court has also asked the Centre whether unmarried women can be allowed to accept surrogacy. The question was raised as the top court was considering a petition from an unmarried lawyer seeking a child through a surrogate. The petitioner contended that the government should not interfere with an individual’s right to become a mother outside of marriage.

As per the existing law, couples who have been married for more than five years are eligible for surrogacy. Surrogacy may be sought in cases where a woman does not have a uterus or if the uterus is not healthy enough to carry a pregnancy to full term. Cases where pregnancy may prove to be life-threatening for the woman are also included.