In a landmark change, the central government amended the surrogacy laws in India last week. Overturning the ban on donor gametes made in March 2023, the centre has now allowed couples to use donor eggs or sperm for surrogacy.
Moreover, the amendment now allows widowed or divorced women to opt for surrogacy. However, they must use their own eggs and get donor sperm for surrogacy.
To understand more about surrogacy and the benefits of this new amendment, the OnlyMyHealth team spoke with Dr Rita Bakshi, Senior Gynaecologist & IVF Expert, RiSAA IVF.
What Is Surrogacy?
Defining Surrogacy, Dr Bakshi said, "Surrogacy is an arrangement where a woman, of the surrogate, carries and gives birth to a baby for another person or couple, which are known as the intended parents. The surrogate agrees to hand over the baby to the intended parents once it's born."
Yale Medicine shared that the surrogate is impregnated through IVF. This process involves manual fertilisation of eggs by sperm, and then the resulting embryo is implanted in the surrogate's uterus. Since the process involves donor eggs and sperm, the child is not genetically related to the surrogate mother.
There are some medical conditions where surrogacy may be a better option than traditional pregnancy. Dr Bakshi listed situations where the intended mother:
- Has no uterus or has a malformed/damaged uterus that prevents embryo implantation or pregnancy.
- Has serious health risks like diabetes or cancer that make pregnancy very dangerous.
- Has had multiple failed IVF cycles or recurrent pregnancy loss.
Why Were Donor Gametes Banned In India?
An overview published in the Encyclopedia of Reproduction shared that commercial surrogacy has been practised since 2002 in India. These regulations had attracted foreigners seeking surrogacy, and eventually clashes were reported between surrogate mothers and the intended parents regarding unlawful surrogacy practices, failure to meet payment of the surrogate mother, and extortion by surrogate mothers. The Cabinet approved the Surrogacy (Regulation) Bill 2016 to regulate commercial surrogacy.
Dr Bakshi highlighted that there could be several scientific reasons why the centre may have recommended against using donor sperm or eggs for surrogacy. She listed:
- Concerns about changes and imprinting issues in donor gametes that could impact development. This means that the environment that the surrogate mother is in may impact the development of the foetus and its genes.
- The desire for a genetic connection between intended parents and child.
- Eliminates potential legal issues about parental rights with donor material.
- Risk of transmission of infectious or genetic diseases from donor to surrogate.
Commending these latest amendments Dr Bakshi said, "The centre should consider each case individually as donor gametes may be appropriate in some situations."
Also Read: Priyanka Chopra Welcomes 1st Child Via Surrogacy: Know How The Process Works
Surrogacy Laws 2024 Amendment
On Wednesday last week, the new notification by the Ministry of Health and Family Welfare stated, “In case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from a medical condition necessitating use of donor gamete, then surrogacy using donor gamete is allowed.”
'Single woman (widow or divorcee) undergoing surrogacy must use self-eggs and donor sperm to avail surrogacy procedure,' the notification added.
Sharing that "The new surrogacy laws give hope to couples and single women struggling with infertility in several ways," Dr Bakshi listed:
- Allows surrogacy as an option for building families.
- Provides regulation to protect all parties involved.
- Permits single women to pursue surrogacy on their own.
- Specifies eligibility criteria to access surrogacy.
- Outlines rights and obligations for intended parents and surrogates.
- Establishes processes for obtaining certificates and parental orders.
Dr Bakshi concluded that by legitimising and regulating surrogacy, these laws empower more people to ethically and legally have children via surrogacy if needed. This is a very hopeful change for those desiring biological children. While this landmark change in surrogacy laws is commendable, India's surrogacy laws are yet to cover unmarried women, couples in a live-in relationship, and the LGBTQ community. Discussions and pleas for change are rife in India today, and hopefully, surrogacy laws in India will be more inclusive soon.