The Ministry of Health and Family Welfare has modified the surrogacy rules (2022) to let married couples avail an egg or sperm of a donor in case one of the partners has a medical condition. As per the new law, 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. 

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. 

Before the passing of the Surrogacy (Regulation) Act 2021, restrictions on the definition, process and rights of the intending couple, intending mother, surrogate and child were not established, informs Mr Nitiz Murdia, the co-founder and managing director at Indira IVF. 

In light of the mushrooming of IVF and surrogacy clinics in India – the regulations to govern the space remained grey. With the upgraded Act now, the following factors have been established: 

What is the eligibility criteria?