Ministry of Health and Family Welfare notifies Surrogacy (Regulation) Amendment Rules, 2024

Posted 23 Feb 2024

2 min read

In exercise of powers conferred under Surrogacy (Regulation) Act 2021, Government makes following rules to amend Surrogacy (Regulation) Rules, 2022.
- Couples (husband or wife), certified by District Medical Board as suffering from medical conditions, do not require both gametes from intending couple, provided that child to be born through surrogacy must have at least one gamete from intending couple.
  - Previously, Rule 7 of Surrogacy (Regulation) Rules, 2022 banned the use of donor gametes.
- Single woman (widow or divorcee) undergoing surrogacy must use self-eggs and donor sperms to avail surrogacy procedure.

In 2023, Supreme Court in Arun Muthuvel vs. Union of India case allowed a woman with Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome to undergo surrogacy with a donor egg.
- MRKH is a rare congenital disorder that affects reproductive system and cause infertility.
Surrogacy is a practice whereby one woman bears and gives birth to a child for an intending couple.

About Surrogacy (Regulation) Act, 2021
- Only altruistic surrogacy is allowed and penalises commercial surrogacy.
- Intending couple must be legally married (age limit 23-50 for female and 26-55 for male) and must not have a surviving child.
- Surrogate Mother must be married woman having a child of her own and between age of 25- 35 years.

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