Surrogacy (Regulation) Amendment Rules, 2024: MoHFW allows One Donor Gamete for undergoing Surrogacy

The Ministry of Health and Family Welfare (MoHFW) introduced the Surrogacy (Regulation) Amendment Rules, 2024 on 21-2-2024, altering the Surrogacy (Regulation) Rules, 2022. These amendments, effective immediately, address significant changes regarding the use of donor gametes and consent agreements in surrogacy arrangements.

Key Amendments

1. Consent and Agreement Revision

• Previously, surrogacy required both gametes to be from the intending couple, prohibiting the use of donor gametes.
• The recent amendment introduces flexibility, allowing one donor gamete under specific circumstances.

2. Certification by District Medical Board

• The District Medical Board must certify that either intending partner suffers from a qualifying medical condition to permit the use of a donor gamete.

3. Preservation of Intending Couple’s Genetic Contribution

• The child born through surrogacy must still possess at least one gamete from the intending couple, ensuring their genetic lineage.

4. Surrogacy for Single Women

• Unchanged provisions maintain that single women eligible for surrogacy are limited to widows or divorcees.