SC junks plea on donor gametes for surrogacy
New Delhi, May 30
The Supreme Court on Tuesday dismissed a PIL challenging the Union Health Ministry’s General Statutory Rules (GSR) prohibiting use of donor gametes i.e. reproductive cells for couples opting for surrogacy to have children.
“Why should we entertain this petition? Are you filing this case just for publicity?” a Vacation Bench led by Justice Bela M Trivedi asked the petitioner’s counsel. The notification was already under challenge, it noted.
As the Bench made it clear that it would not entertain the PIL, the petitioner’s counsel chose to withdraw it and the petition was accordingly “dismissed as withdrawn”.
Petitioner Nalin Tripathi, an advocate, challenged the GSR on the ground that it is against the provisions of the Surrogacy (Regulation) Act, 2021, which gave the right of parenthood to infertile couples.
On March 14, 2023, the Ministry of Health and Family Welfare published the GSR 179 (E) which said: (1) a couple undergoing surrogacy must have both gametes from the intending couple and donor gametes are not allowed (2) single women (widow/divorcee) undergoing surrogacy must use self-eggs and donor sperms to avail surrogacy procedure.
Section 2(h) of The Assisted Reproductive Technology Regulation Act, 2021 defines “gamete donor” as a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child.
