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Experts have hailed the latest amendment to India’s surrogacy law, emphasizing that it will uphold the fundamental right to parenthood for individuals with medical conditions, marking a significant stride towards inclusivity in assisted reproductive technologies.
The Ministry of Health and Family Welfare’s revision of the Surrogacy (Regulation) Rules, 2022 now permits the use of donor gametes – ova or egg cells and sperm – if one member of the “intending couple” faces medical challenges hindering natural conception.
Dr. Lavi Sindhu, Senior Consultant at Birla Fertility & IVF, lauded the progressive move, highlighting its implications for expanding reproductive options and ensuring equitable access to parenthood. “By allowing couples with medical conditions to utilize surrogacy, the government is not only broadening the spectrum of reproductive choices but also affirming the right to parenthood for all individuals,” Dr. Sindhu stated.
Surrogacy, the practice of carrying and delivering a baby for someone else, has undergone regulatory changes in India, with the Surrogacy (Regulation) Act, 2021 limiting the practice to altruistic surrogacy, where no commercial compensation is involved.
Nitiz Murdia, Managing Director & Co-Founder of Indira IVF, explained that the latest amendment addresses scenarios where intending mothers may face medical challenges beyond producing eggs or having a functional uterus. The revision permits the use of one donor gamete, enhancing options for individuals with specific medical indications.
However, the amendment does not extend to single women who are widowed or divorced, requiring them to use their own eggs and potentially opt for donor sperm, Murdia noted.
The process for intending couples or women seeking surrogacy may become more intricate, requiring four essential documents and, in some cases, legal assistance. Murdia highlighted the potential increase in legal costs for patients navigating the revised surrogacy regulations.
Despite potential complexities, experts believe the amendment signifies a vital step towards equitable access to assisted reproductive technologies and underscores the government’s commitment to ethical and regulated surrogacy practices.
The revised regulations aim to strike a balance between upholding individual rights to parenthood and ensuring ethical practices in assisted reproduction, setting a precedent for inclusive healthcare policies in India’s evolving medical landscape.
