The Surrogacy (Regulation) Act was passed in 2021, but over two years later, it continues to be mired in some amount of confusion and on-going cases in the Supreme Court. Brought in to ban commercial surrogacy, it allows only for altruistic surrogacy under certain conditions, and aims to regulate surrogacy clinics, part of the huge infertility health sector in the country. Last month, the Central government brought in a modification to the surrogacy rules – it allowed married couples to use donor eggs or donor sperm to avail of surrogacy. This overturned the government’s own rules that had earlier banned the use of donor gametes. The rules now state that if one person of the intending couple has a medical complication that does not allow them to use their own gametes, then a donor gamete can be used for the surrogate baby. However, a genetic link is still a must – the other partner must provide the egg or sperm as the case may be. This means that divorced and widowed women, who are allowed to avail of surrogacy, have to use their own eggs. The law also bars single unmarried women, those in live-in relationships and those in queer relationships from its ambit – a provision being currently challenged in court by an unmarried woman.

How will the new amendment change things for prospective parents? How can donor gametes be obtained when their sale is banned and the donation is strictly regulated? Has the Act met its goal of regulating surrogacy clinics and protecting surrogate rights?

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