Surrogacy rules changed, couples with medical condition can use donor gametes

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The Centre has amended the surrogacy rules 2022 allowing married couples to use an egg or sperm of a donor in case one of the partners is suffering from a medical condition.

The District Medical Board has to certify that either the husband or wife is suffering from a medical condition necessitating the use of donor gamete.
"In case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from a medical condition necessitating use of donor gamete, then surrogacy using donor gamete is allowed," the notification issued on Wednesday said.

The surrogacy using donor gamete is allowed subject to the condition that the child to be born through surrogacy must have at least one gamete from the intending couple, it stated.

This means if both the partners have medical problems or are unable to have their own gametes they cannot opt for surrogacy.
"Single women (widow or divorcee) undergoing surrogacy must use self-eggs and donor sperm to avail surrogacy procedures," the notification read.

The amendment came after the Supreme Court last year received petitions from women across the country after it allowed a woman with a rare congenital disorder to avail surrogacy with a donor egg.

The Centre had in March 2023 issued a notification banning donor gametes for couples intending to undergo surrogacy.

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