Surrogacy law: Supreme Court questions purpose of previous rules

New Delhi, February 23 

A crucial amendment to the surrogacy rules allowing married couples to use an egg or sperm of a donor in case a partner is suffering from a medical condition comes after the Supreme Court asked why the Centre was not taking a decision on the matter.

The Union Health Ministry amended the earlier rules that stated that couples undergoing surrogacy must have both gametes from the intending couple.

“The very purpose of surrogacy would get defeated by such rules,” an apex court bench had observed in December last year while permitting more than two dozen petitioners to use the donor eggs to become mothers through surrogacy.

In January, the Supreme Court had asked the Centre why it was not taking a decision despite many women rushing to the top court with grievances.

The Centre, represented by Additional Solicitor General Aishwarya Bhati, has said last month that the government was reconsidering the amendment brought in surrogacy law last year.

Several pleas were filed in the top court following the amendment made in Rule 7 on surrogacy on March 14, 2023.

The Rule 7 talks about ‘Consent of Surrogate Mother’ and ‘Agreement for Surrogacy’ and deals about fertilisation of donor oocytes by the sperm of the husband.

The court had permitted several women petitioners to get donor eggs and go ahead with the surrogacy despite the impugned rule prohibiting it.