Surrogacy (Regulation) Amendment Rules, 2024

• Recently, the Union Ministry of Health and Family Welfare amended the surrogacy Rules to allow couples to use donor eggs or donor sperm for surrogacy. 
• The Supreme Court received petitions across the country after it allowed a woman with Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome, a rare congenital disorder that affects the reproductive system and can cause infertility, to avail surrogacy with a donor egg.
• Prior to this, surrogacy rules allowed the use of donor eggs, but not sperm.

Key Features and Associated Concerns

• Use of Donor Gametes: The amendment allows the use of donor gametes (eggs or sperm) in cases where the District Medical Board certifies that either the husband or wife constituting the intending couple suffers from a medical condition necessitating the use of a donor gamete.
• However, the use of donor gametes has raised concerns about the rights of the donors and the legal implications of using donor gametes.
• Single Women and Surrogacy: The amendment stipulates that if a divorced or widowed woman opts for surrogacy, the egg has to come from the mother.
• However, it does not allow a single, never-married woman to use surrogacy for having children.

• It seems as discriminatory and has been challenged in the Supreme Court.
• Medical Conditions and Surrogacy: The amendment keeps surrogacy open to older women as well as those who cannot produce eggs because of certain medical conditions.
• However, the rule change is not applicable for widowed or divorced women. If a divorced or widowed woman opts for surrogacy, the egg has to come from the mother. It raised concerns about the health risks associated with surrogacy in older women and those with certain medical conditions

Other Provisions Related to Surrogacy in India :

• Permissibility: Under the Surrogacy (Regulation) Act 2021, Surrogacy is permissible only for altruistic purposes or for couples with proven infertility or disease.
• Commercial surrogacy, including for sale or exploitation purposes, is strictly prohibited.
• Eligibility Requirements for Couples: Couples must be married for at least 5 years.
• The wife must be aged between 25-50 years, and the husband between 26-55 years.
• The couple must not have any living child, whether biological, adopted, or through surrogacy, except in cases of children with disabilities or life-threatening disorders.
  
• Surrogate Mother Criteria: The surrogate mother must be a close relative of the couple.
• She must be a married woman with at least one child of her own.
• Her age must be between 25-35 years, and she must have only been a surrogate once in her life.
• Parental Status upon Birth: Upon birth, the child is legally recognized as the biological child of the intended couple.
• Abortion of the fetus requires consent from both the surrogate mother and the relevant authorities, following the provisions of the Medical Termination of Pregnancy Act.

Mains Practice Question

Recently brought surrogacy rules will benefit a large number of needy people but still there are some critical issues to address. Analyse

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