Surrogacy with Donor Eggs or Donor Sperm – Is it allowed as per Surrogacy Regulation Act ?
Original Surrogacy Regulation Act 2021
On March 14, 2023, a gazette notification introduced an amendment to the Surrogacy Regulation Act of 2021, outlining the following provisions:
- Couples undergoing surrogacy must use their own gametes. In other words, the use of donor gametes i.e. use of donor eggs or donor sperm is prohibited with surrogacy.
- Single Women (widow / divorcee) undergoing surrogacy must use self-eggs or their own eggs and donor sperms to avail surrogacy.
Updates on Surrogacy in India, January 2024
In January 2024, the Supreme Court stayed this provision of surrogacy act which currently does not allow use of donor eggs. The supreme court made an exception to allow seven couples to undergo surrogacy with donor eggs.
The supreme court made this exception after reviewing medical reports for these cases which confirmed that the women were unable to use their own eggs due to underlying medical conditions.
Further updates – January 2024
In January 2024, the central government informed the Supreme Court that it was reviewing the amendment brought in March 2023 to the Surrogacy regulation act, in which surrogacy with donor gametes was banned. The centre also informed the Supreme Court that the process had been initiated and health experts will give their opinion on the matter of use of donor oocytes and sperms for surrogacy.
Update on Surrogacy in India : Feb 2024
The Supreme Court now will be redirecting all applications for surrogacy to the High Court.
The reason behind this decision was that many women were approaching the apex court for relief in the usage of donor oocytes in surrogacy and not everyone can approach the apex court therefor this provision for relief should not be limited to only those who can approach the apex court.
