- The Central Government’s latest changes to the Surrogacy (Regulation) Rules, 2022 mark a significant shift in the legal environment surrounding surrogacy procedures in India.
- These revisions address important concerns about gamete usage and access to surrogacy operations.
Why are we discussing this?
- Judicial scrutiny: The Supreme Court’s involvement derives from petitions contesting the March 2023 restriction on donor gametes for surrogacy, which prompted the Centre to reassess its position.
- Public Outcry: The judiciary’s involvement comes after a public outcry and legal challenges from women affected by prior rules, emphasising the importance of reforming surrogacy regulations.
Key Amendments to Gametes Usage
- Gamete Flexibility: The updated laws allow couples with medical issues to use donor gametes for surrogacy, as long as at least one gamete is from the intending pair.
- Single Women’s Directive: Single women, including widows and divorcees, are required to use their own eggs and donor sperm for surrogacy, assuring regulatory compliance.
- Certification Criteria: The District Medical Board may certify the need for donor gametes based on the medical condition of either spouse in the intended pair, hence easing access to surrogacy using donor gametes.
About Altruistic Surrogacy and ART
- Altruistic surrogacy, which excludes monetary compensation for medical bills and insurance coverage, promotes ethical behaviour.
- ART Regulations 2021: The National Assisted Reproductive Technology and Surrogacy Board is established under the Act to ensure effective implementation and oversight of Assisted Reproductive Technology (ART).
Evolution of Surrogacy Rules and Amendments
- The Ministry of Health and Family Welfare implemented the Surrogacy (Regulation) Rules, 2022, which focus on clinic standards and personnel credentials.
- Clinical Requirements: The rules outline staffing parameters and necessary equipment, hence improving operational standards among registered surrogacy clinics.
- Medical Necessity: Surrogacy is approved in cases of uterine anomalies, unsuccessful IVF attempts, unexplained pregnancy losses, and pregnancy impossibility due to illness, allowing access for couples facing various challenges.
Key Provisions of the Surrogacy (Regulation) Rules, 2022
- Clinic Composition: Registered clinics must employ skilled experts such as gynaecologists, anaesthetists, embryologists, and counsellors to provide comprehensive care.
- Gynaecologists must have relevant postgraduate education and experience performing ART treatments to ensure expertise in assisted reproduction techniques.
- Insurance Coverage: Mandatory health insurance for surrogate mothers protects their well-being during and after pregnancy, demonstrating a dedication to maternal health.
- Affidavit Requirement: Intending couples must produce a legal promise that they will comply with surrogacy legislation, maintaining accountability and legal requirements.
- Embryo Implantation Limit: Strict standards restrict embryo implantation in order to reduce health hazards and ethical problems while prioritising the well-being of both surrogate mothers and unborn offspring.
- Abortion Protocol: Surrogate mothers’ rights are protected by adhering to established abortion procedures, which respect their autonomy while assuring medical safety.
Source: https://indianexpress.com/article/explained/explained-law/donor-gametes-are-allowed-what-the-new-rule-on-surrogacy-says-9177795/#:~:text=The%20new%20notification%20states%3A%20%E2%80%9CIn,using%20donor%20gamete%20is%20allowed.%E2%80%9D