Surrogacy (Regulation) Amendment Rules 2024

Context

Recently, the Union Ministry of Health and Family Welfare has introduced the Surrogacy (Regulation) Amendment Rules 2024 to allow couples to use donor eggs or donor sperm for surrogacy. 

Background

• The modification was delivered following several petitions and court cases challenging the previous regulations.
• For instance, the Supreme Court obtained petitions throughout the country after it allowed a woman with Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome, a rare congenital disease that affects the reproductive system and may motive infertility, to avail surrogacy with a donor egg.
• Prior to this, surrogacy guidelines allowed using donor eggs, however not sperm.

Key Features and Associated Concerns

• Use of Donor Gametes: The amendment permits using donor gametes (eggs or sperm) in cases in which the District Medical Board certifies that both the husband or spouse constituting the proceeding couple suffers from a medical condition necessitating the usage of a donor gamete.
  • However, the use of donor gametes has raised concerns about the rights of the donors and the legal implications of using donor gametes.
• Single Women and Surrogacy: The modification stipulates that if a divorced or widowed woman opts for surrogacy, the egg has to return from the mother.
  • However, it no longer permits a single, never-married woman to use surrogacy for having kids.
  • It seems as discriminatory and has been challenged in the Supreme Court.
• Medical Conditions and Surrogacy: The change keeps surrogacy open to older women as well as those who cannot produce eggs because of certain medical conditions.
  • However, the guideline change isn’t applicable for widowed or divorced women.
  • If a divorced or widowed woman opts for surrogacy, the egg has to return from the mother.
  • It raised concerns about the health risks associated with surrogacy in older women and those with certain medical conditions

Surrogacy Laws in India

• • Surrogacy comes under the reproductive abilities of women and it is protected as an essential right under the purview of Article 21 of the Indian Constitution.

• Surrogacy (Regulation) Act (2021):

• • • It governs the activity and process of surrogacy in India.
    • It provided a gestation length of ten months from the date of getting into force to present surrogate mothers’ to secure their well being.

• Assisted Reproductive Technology (Regulation) Act:

• • It was enacted for law and supervision of the assisted reproductive generation clinics and banks.
  • Under the Act, the services may be made to be given to a woman above the age of 21 years and under the age of 50 years and to a man above the age of 21 years and under the age of 55 years.
  • ART approaches include gamete donation, intrauterine insemination, and in-vitro fertilization or IVF. 

Conclusion

• The Surrogacy (Regulation) Amendment Rules, 2024, represents a big breakthrough in making surrogacy more available to couples facing medical issues.
• However, it additionally increases questions about the rights of single women and the want for further reforms to ensure that the surrogacy laws in India are truthful, equitable, and don’t forget the various needs and rights of all stakeholders.

Source: The Hindu

UPSC Mains practice Question

Q.Write the key provisions and the potential challenges in enforcing the provisions of the Surrogacy (Regulation) Amendment Rules, 2024 across diverse cultural, economic, and geographical contexts within India. (250 words)

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