The Centre has made significant revisions to surrogacy regulations, permitting married couples to utilize donor eggs or sperm under certain conditions. The latest notification, released on Wednesday, outlines the criteria under which couples can opt for surrogacy using donor gametes.
According to the notification, if either spouse in a married couple is medically incapable of providing gametes, as confirmed by the District Medical Board, they are eligible to utilize donor gametes for surrogacy. However, it is mandatory for the child born through surrogacy to have at least one gamete from the intending couple. This ensures a genetic link to the couple.
Notably, if both partners have medical conditions preventing them from providing their own gametes, they are deemed ineligible for surrogacy under the revised rules.
Furthermore, the advisory specifies that single women, including widows or divorcees, who opt for surrogacy must use their own eggs in combination with donor sperm for the procedure.
The amendment to the regulations comes in the wake of petitions filed nationwide by women, prompted by the Supreme Court’s approval for a woman with a rare congenital disorder to pursue surrogacy using a donor egg.
This revision contrasts with the earlier stance taken by the central government in March 2023, when the use of donor gametes for couples seeking surrogacy was prohibited.