India Allows Donor Gametes in Surrogacy for Medical Conditions

• 26 Feb 2024

New rules in India permit the use of donor gametes in surrogacy if one partner has a medical condition. Single women must use self-eggs and donor sperm.

Key Points:

• Rule Amendment: Indian Centre permits surrogacy using donor gametes if one partner suffers from a medical condition, as per amended Surrogacy (Regulation) Rules, 2022.
• District Medical Board Certification: Surrogacy with donor gametes requires certification from the District Medical Board affirming the medical need.
• Intending Couple Requirement: Child born through surrogacy must have at least one gamete from the intending couple, limiting options for couples with dual medical issues.
• Single Women Procedure: Single women (widow or divorcee) must use self-eggs and donor sperm for surrogacy under the new rules, ensuring their own gametes are utilized.
• Previous Rule Revisions: Earlier rules mandated both gametes from the intending couple; amendments follow Supreme Court petitions and observations on the purpose of surrogacy.
• Judicial Response: Supreme Court questions previous rules' purpose, allowing petitioners to use donor eggs for surrogacy after objections to banning donor gametes in March 2023.