India's Surrogacy Rules Changed: What is New?

By Famous India 

The Union government on February 21 modified the Surrogacy (Regulation) Rules, 2022, to permit married couples to use donor eggs or donor sperm for surrogacy

This revoked a previous amendment made in March 2023 that banned the use of such donor gametes.

This move proved to be a boon for all those who wished to become parents but had medical complications.

Earlier, an amendment was made in March 2023 wherein the use of donor gametes was strictly prohibited.

The new rule stipulates that a "Single woman", whether divorcee or widow undergoing surrogacy in order to become a mother must make use of donor sperms and self-eggs

A woman suffering from the MRKH (Mayer- Rokitansky-Kuster-Hauser) Syndrome challenges the 2022 amendment in the law before the apex court of the country.

As per the medical board records, the lady was unable to produce her eggs because of absent ovaries or uterus.

As per the petition of the lady, the amendment violated the right to parenthood of a woman.

The petition contended that the amendment violated Sections 2(r) and 4 of the Surrogacy Act, 2021.

The court agreed with the petitioner's submissions and acknowledged the fact that Rule 14(a) recognizes the absence of a uterus as a medical condition.

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