The Surrogacy Act 2021, effective from January 2022, prohibited commercial surrogacy, allowing only altruistic surrogacy. This act aimed to protect women’s reproductive rights by prohibiting surrogates from receiving any financial compensation, except for insurance and medical coverage.
Surrogacy, a complex arrangement involving the bearing and birth of a child for another person, has been a topic of intense debate in India. The practice, often described as the “renting of the womb”, raises a myriad of moral, ethical, legal, and medical questions.
Traditionally, surrogacy has been divided into two categories, traditional and gestational. In traditional surrogacy, the surrogate mother is the biological parent of the child, conceived with the intended father’s sperm. In contrast, gestational surrogacy involves the surrogate mother carrying an embryo created through in vitro fertilisation, thus having no genetic link to the child.
The Surrogacy Act 2021, effective from January 2022, prohibited commercial surrogacy, allowing only altruistic surrogacy. This act aimed to protect women’s reproductive rights by prohibiting surrogates from receiving any financial compensation, except for insurance and medical coverage.
However, in a significant development, the government has indicated its intention to review the prohibition on the use of donor eggs and sperm in surrogacy arrangements. This decision is part of an ongoing evaluation of surrogacy regulations, acknowledging the need for a comprehensive review to align with evolving societal norms and advancements in medical technology.
The current regulations, which ban the use of donor eggs and sperm in surrogacy, are being scrutinised for their potential impact on the accessibility and inclusivity of surrogacy procedures. Advocates argue that allowing the use of donor gametes could broaden options for individuals and couples grappling with fertility challenges.
This reconsideration is a response to the changing landscape of assisted reproductive technologies and a growing awareness of diverse family structures. The government’s readiness to engage in this dialogue signifies a shift towards more inclusive reproductive policies.
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In response to a petition, the Centre assured the Supreme Court of its commitment to making a swift decision on the surrogacy law amendment that banned the use of donor gametes. The top court had granted relief to petitioners, declaring the amendment prima facie in violation of the Surrogacy (Regulation) Act. Rule 7 of the Act, which prohibits donor gametes, has faced criticism for limiting access to surrogacy relief for many women.
The Supreme Court urged the government to reconsider the amendment, emphasising the need to address concerns expressed by a significant number of women and asserting that such relief should not be restricted to a small group.
The review becomes important in light of a notification from March of the previous year, which imposed restrictions on single women (either widows or divorcees) opting for surrogacy. It required them to use their own eggs and donor sperms.Several women, feeling their hopes of parenthood were dashed, filed petitions with the Supreme Court. The bench granted similar relief to six women from Kerala, Maharashtra, Haryana, and Uttar Pradesh. This move by the government could potentially open up new avenues for these women and many others who wish to become parents through surrogacy.
The government’s decision to review these laws could mark a significant step towards more inclusive and accessible surrogacy procedures in the country. However, it remains to be seen how these changes will be implemented and what impact they will have on the surrogacy landscape in India. As the government navigates this complex issue, it will be crucial to ensure that any changes to the law protect the rights and interests of all parties involved. This evolving narrative of surrogacy in India is a testament to the country’s commitment to adapt and grow in the face of changing societal norms and medical advancements.