Amendments to Surrogacy (Regulation) Rules, 2022 : 28 Feb, 2024

About Surrogacy:

Definition: An arrangement where a surrogate mother carries a pregnancy for intended parents.

Types:

Traditional Surrogacy: Uses the intended father’s sperm and the surrogate’s egg.
Gestational Surrogacy: The baby is genetically unrelated to the surrogate, with embryos created via IVF implanted in her uterus.

Arrangements:

Altruistic Surrogacy: No financial gain for the surrogate beyond medical expense reimbursement.
Commercial Surrogacy: Involves financial compensation for the surrogate beyond medical costs.

Surrogacy in India:

Surrogacy (Regulation) Act 2021: Allows only altruistic surrogacy for infertile couples. Commercial surrogacy is banned.
Eligibility for Couples: Married for 5 years, with age restrictions for both spouses. No living children except under specific conditions.
Surrogate Mother Criteria: A close relative, be married with a child of her own, aged 25-35 years, and can be a surrogate only once.
Parental Rights: The child is recognized as the biological offspring of the intended couple. Abortion requires surrogate consent and adherence to the Medical Termination of Pregnancy Act.

Recent Changes to the Provisions:

Before	After
Initially restricted surrogacy only to intending couples’ own gametes (reproductive cells) This requirement stopped couples with specific health issues from pursuing biological parenthood through surrogacy.	Allows surrogacy with donor gametes if one spouse is medically certified to require them. Divorced or widowed women must use their eggs with donor sperm.

Why in News?

The Indian government has revised the Surrogacy (Regulation) Rules, 2022, permitting the use of donor gametes for married couples with certain medical conditions.