SC indicates it might stay a provision of Surrogacy (Regulation) Rules, 2022, that bars intending parents from accepting donor eggs to bear a surrogate child.
New Delhi: The Supreme Court Tuesday stayed a contentious provision of the Surrogacy (Regulation) Rules, 2022, for seven couples, allowing them to accept donor eggs to bear a surrogate child.
A two-judge bench led by Justice B.V. Nagarathna made the exception for the couples after it received medical reports in each case confirming that the women were unable to produce their own eggs due to underlying medical conditions.
The order brought relief to the couples as they had initiated the steps for surrogacy, but could not complete it due to a sudden amendment brought about in the rules in March last year.
These couples had opted for surrogacy based on their respective doctor’s medical advice.
The amendment in the surrogacy rules, notified on 14 March 2023, disallowed donor gametes for surrogacy. The amended rule says “couple undergoing surrogacy must have both gamete from the intending couple and donor gametes is not allowed”.
However, the new rules permit single women — only widows or divorcees — to use their own eggs and donor sperm to avail of surrogacy.