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Govt Allows Donor Gamete In Surrogacy: A Ray of Hope for Aspiring Parents
The dream of becoming parents through surrogacy for couples facing fertility challenges has received a new ray of hope. The Central Government has amended the Surrogacy (Regulation) Rules, 2022, allowing the use of donor gametes (eggs or sperm) if one partner in the couple is medically unable to contribute their own.
Why the New Rule?
In typical surrogacy situations, both partners in a couple are expected to provide their gametes. However, in some cases, one partner may be experiencing a medical condition that hinders them from contributing their gametes, making it challenging for the couple to pursue surrogacy. The new rule aims to address this hurdle, making the journey to parenthood easier for these couples.
What Does the New Rule Entail?
The recently notified Surrogacy (Regulation) Amendment Rules, 2024, state that the District Medical Board must certify that either the husband or wife is afflicted by a medical condition. Moreover, the use of donor gametes in surrogacy is allowed under the condition that the child born through surrogacy has at least one gamete from the intending couple.
Facilitating Single Mothers
The amendment also extends its reach to single women, whether widowed or divorced, who wish to undergo surrogacy. However, in such cases, the regulation stipulates the use of both donor egg and sperm to proceed with the surrogacy process.
Legal Challenges and Supreme Court Intervention
In March 2023, the Central Government issued a notification imposing a ban on the use of donor gametes in surrogacy. This led to multiple petitions being filed in various courts, where medical reports demonstrated the inability of individuals to produce their own gametes. In response to the petitions, the Supreme Court directed the Central Government to reevaluate its 2023 notification.
The recent amendment allowing the use of donor gametes in surrogacy is a result of this reevaluation, providing a more inclusive approach to parenthood through surrogacy.
The government’s decision to permit the use of donor gametes in surrogacy reflects a progressive step towards addressing the challenges faced by couples and single mothers aspiring to become parents through assisted reproductive technologies. This amendment not only simplifies the process but also ensures a more inclusive approach, allowing a broader spectrum of individuals to experience the joy of parenthood.
