CHANGE SURROGACY RULE

For couples who want to use surrogacy to become parents, there is now new hope.

The Central government has modified the Surrogacy (Regulation) Rules, 2022 to permit the utilization of donor gametes, which consist of sperm and egg cells.

A woman who becomes pregnant, carries, and gives birth to a child on behalf of another individual or couple (intended parent(s)) is known as a surrogate, often known as a gestational carrier.

After the baby is born, the surrogate consents to give the child to that individual or couple.

Different Surrogacy Types:

Commercial surrogacy pertains to surrogacy and its associated processes that are carried out for financial gain or reward (cash or kind) above and beyond the basic medical costs and insurance coverage.

Altruistic surrogacy: Apart from the medical costs and insurance coverage throughout the pregnancy, the surrogate mother receives no financial recompense.

India, which is renowned for having a high rate of "reproductive tourism" and for being a developing center for the fertility industry, has been the site of surrogacy since 1978.

Despite the legalization of commercial surrogacy, no formal legislation or regulations were drafted or implemented.

This caused low-cost fertility clinics to drastically increase the number of uncontrolled surrogates in India.

After the parliament enacted the Surrogacy Regulation Bill, 2021, the President of India signed it into law in 2021.

Regulation of Surrogacy: The Act permits altruistic surrogacy but forbids commercial surrogacy.

The following situations are covered under the Act:

(i) for prospective parents who are infertile; (ii) altruistic; (iii) not for profit; (iv) not to create children for the purpose of prostitution, sale, or other forms of exploitation; and (v) for any other illness or condition that may be listed by rules.

Qualifications for Becoming a Surrogate Mother: In order to receive a certificate from the relevant authority, the surrogate mother must meet certain requirements. These include being a close relative of the intended couple, being a married woman with a child of her own, being between the ages of 25 and 35, never having served as a surrogate mother before, and possessing a certificate proving her physical and mental health.

Additionally, the substitute

Registration of Surrogacy Clinics: Unless they receive registration from the relevant authorities, surrogacy clinics are not permitted to perform surrogacy or any related treatments.

State and National Surrogacy Boards:

The National Surrogacy Board (NSB) and State Surrogacy Boards (SSBs) will be composed of the federal and state governments, respectively.

Penalties & Offenses:

A fine of up to 10 lakh rupees and a penalty of up to 10 years in prison are the penalties for the following offenses defined by the Act: (i) undertaking or advertising commercial surrogacy; (ii) abusing the surrogate mother; (iii) selling or importing human embryos or gametes for surrogacy; and (iv) abandoning, abusing, or disowning a surrogate child.

News synopsis:

A major relief to those with medical issues is that the Central government has changed the surrogacy regulations to allow married couples who choose to use donor gametes.

The Surrogacy (Regulation) Act of 2021 placed limitations on married couples' access to gametes from donors.

An egg is called a gamete. Male and female gametes are referred to as sperm and ova, respectively.

The Union Ministry of Health and Family Welfare announced in a new announcement on February 21 that the surrogate couple would need to use their own gametes in order to conceive the surrogate kid.

The couple may use a donor gamete, nevertheless, if a District Magistrate Board certifies that one of the spouses has a medical issue.

However, the alert.

In addition to contesting the Surrogacy Regulation Act's prohibition on single women undergoing the process, a 44-year-old single lady also objected to the Act's requirement that "single women" use their own eggs.

The woman's attorney contended that although her client is too old to use her own gametes for surrogacy, she still wants a child and was unable to get married earlier in life.