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India Allows Donor Gametes in Surrogacy for Medical Conditions
- 26 Feb 2024
New rules in India permit the use of donor gametes in surrogacy if one partner has a medical condition. Single women must use self-eggs and donor sperm.
Key Points:
- Rule Amendment: Indian Centre permits surrogacy using donor gametes if one partner suffers from a medical condition, as per amended Surrogacy (Regulation) Rules, 2022.
- District Medical Board Certification: Surrogacy with donor gametes requires certification from the District Medical Board affirming the medical need.
- Intending Couple Requirement: Child born through surrogacy must have at least one gamete from the intending couple, limiting options for couples with dual medical issues.
- Single Women Procedure: Single women (widow or divorcee) must use self-eggs and donor sperm for surrogacy under the new rules, ensuring their own gametes are utilized.
- Previous Rule Revisions: Earlier rules mandated both gametes from the intending couple; amendments follow Supreme Court petitions and observations on the purpose of surrogacy.
- Judicial Response: Supreme Court questions previous rules' purpose, allowing petitioners to use donor eggs for surrogacy after objections to banning donor gametes in March 2023.
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