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Union Government passed Surrogacy Regulation Amendment Rules 2024 – Know the Details
Table of Contents
Introduction to Surrogacy Regulation Amendment Rules 2024 – Surrogacy (Regulation) Amendment Act 2024 UPSC
Welcome to PreCrack! Recently, Indian Government has amended the surrogacy rules. New rules are allowing couples with medical conditions to use donor gametes. Single women (widow or divorcee) must use self-eggs and donor sperm.
This is a big update in Indian Law World. Knowing about this update and key points of this amendment will help you to know about the laws in India for Surrogacy and intentions of Law Makers. If you are preparing for Major Competitive Examinations in India such as UPSC, SSC & more, then this blog will help you to understand these laws and their possible outcomes including their added provisions in recent amendment.
So, let’s start-
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Why Surrogacy (Regulation) Amendment Rules 2024 is in the news?
The Surrogacy Rules Amendment Rules 2024 in India has gained attention due to significant revisions. Couples facing medical conditions can now use donor gametes, easing previous restrictions.
Notably, one gamete must be from the intending couple. Single women, whether widowed or divorced, must employ self-eggs and donor sperm for surrogacy. The amendment responds to a Supreme Court inquiry on the delay in decision-making, triggering changes in the Union Health Ministry’s rules.
This move addresses concerns raised after a 2023 notification prohibited donor eggs for gestational surrogacy. The development reflects a reconsideration of surrogacy laws, aiming to balance regulations and patients’ rights.
Source – The Hindu
What is Surrogacy Regulation Amendment Rules 2024? – Surrogacy Amendment act 2024 UPSC
The Surrogacy Regulation Amendment Rules 2024 in India allow couples with medical conditions to utilize donor gametes in surrogacy. Furthermore, single women, whether widowed or divorced, undergoing surrogacy must utilize their own eggs and donor sperm.
This amendment was prompted by a Supreme Court inquiry into the delayed decision-making process. Notably, it addresses concerns raised after a 2023 notification prohibited the use of donor eggs for gestational surrogacy in intending couples.
The amendment signifies a reconsideration of surrogacy laws, aiming to strike a balance between regulations and safeguarding the fundamental rights of patients involved in the surrogacy process.
What was the Existing Law in India for Surrogacy? – Laws in India for Surrogacy
The existing law in India for surrogacy is governed by the Surrogacy (Regulation) Bill of 2019, which was enacted on July 15, 2019, by the Minister of Health and Family Welfare. Introduced by Harsh Vardhan in the Lok Sabha, the bill defines surrogacy as the intentional practice of a woman handing over a child to a chosen couple after birth.
The law prohibits commercial surrogacy but allows altruistic surrogacy, wherein the surrogate mother receives only medical expenses and insurance coverage during pregnancy, without any additional financial compensation. Commercial surrogacy, involving economic benefits beyond basic medical expenses, is restricted.
A child born through surrogacy is considered the biological child of the intended couple. Surrogate abortion requires written consent from the surrogate mother and approval from the competent authority, adhering to the Abortion Act of 1971. The surrogate mother has the right to decline surrogacy before the embryo implants in the uterus.
The law includes provisions for violations, such as exploitation of surrogate mothers, abandonment, or possession of the surrogate mother, as well as the sale or import of human embryos or gametes for surrogacy. Penalties for these violations may result in imprisonment of up to 10 years and fines up to Rs.100,000. The bill successfully passed in the Rajya Sabha on December 8, 2021.
Key points about Amendment
These are the key points of Surrogacy (Regulation) Amendment Rules, 2024-
- The amendment was made in 2024.
- It allows couples with medical conditions to use donor gametes for surrogacy.
- At least one gamete from the intending couple is required for surrogacy.
- Single women (widow or divorcee) must use self-eggs and donor sperm for surrogacy.
- The notification was issued on February 23, 2024.
- Earlier rules mandated both gametes from the intending couple during surrogacy.
- Form 2 (Consent of the Surrogate Mother and Agreement for Surrogacy) was amended on March 14, 2023.
- Previous rules prohibited the use of donor eggs for gestational surrogacy of an intending couple.
- The notification amending the rules was issued by the Ministry of Health and Family Welfare.
- Allows surrogacy using donor gamete if the District Medical Board certifies a medical condition in either spouse.
- The amendment is seen as protecting the fundamental rights of patients involved in surrogacy.
- Many petitions were filed in the Supreme Court following the 2023 amendment in Rule 7 on surrogacy.
- The government, represented by Additional Solicitor General Aishwarya Bhati, stated reconsideration of the surrogacy law amendment.
- In December last year, the Supreme Court questioned the purpose of previous surrogacy rules.
- The Supreme Court questioned the delay in deciding for women rushing to the top court with grievances.
- The amendment aims to address concerns raised after the 2023 ban on donor gametes for couples undergoing surrogacy.
- Reflects a shift in the regulatory landscape of surrogacy in India.
- Aims to strike a balance between regulations and the rights of patients involved in surrogacy.
What has changed?
These points has been changed in Surrogacy (Regulation) Amendment Rules 2024-
| Aspects | According to Previous Provisions | According to New Amendment |
| Use of donor gametes: | No restrictions for couples | Only allowed if one partner has a medical condition necessitating it, certified by a District Medical Board. At least one gamete must still come from the intending couple. |
| Single women: | Not eligible for surrogacy | Can undergo surrogacy but only with their own eggs and donor sperm. |
| Medical board role: | Informed consent: Consent obtained | Emphasis on detailed and informed consent from all parties involved. |
| Advertising and commercialization: | Verification of eligibility | Increased responsibility for verifying eligibility and medical conditions. |
| Grievance redressal: | Allowed | Strictly prohibited. |
| Surrogacy agencies: | No specific mechanism | Grievance redressal mechanism established for complaints. |
| Insurance and financial protection: | Limited regulations | Increased regulations on functioning and responsibilities. |
| Penalties for violations: | Not mandatory | Mandatory insurance coverage for the surrogate mother during pregnancy and childbirth. |
| Use of donor gametes: | Defined but unclear | Clarified and potentially stricter penalties for violations. |
FAQs related to Surrogacy Rules Amendment Act 2024 UPSC
Q1: What does the Surrogacy Regulation Amendment Rules 2024 entail?
Answer. The amendment allows couples with medical conditions to utilize donor gametes for surrogacy.
Q2: Is it mandatory for both gametes to come from the intending couple under the new rules?
Answer. No, the amendment requires at least one gamete from the intending couple for surrogacy.
Q3: How does the amendment impact single women undergoing surrogacy?
Answer. Single women, whether widowed or divorced, must use their own eggs and donor sperm for surrogacy.
Q4: When was the amendment issued by the Central government?
Answer. The amendment was issued on February 23, 2024.
Q5: Why did the amendment come into effect?
Answer. The amendment follows a Supreme Court inquiry questioning the delay in decision-making.
Q6: What was the requirement under the previous surrogacy rules regarding gametes?
Answer. Earlier rules mandated both gametes from the intending couple during surrogacy.
Q7: Was there a prohibition on the use of donor eggs for gestational surrogacy?
Answer. Yes, Form 2, amended on March 14, 2023, prohibited donor eggs for gestational surrogacy.
Q8: Which government body issued the notification amending the surrogacy rules?
Answer. The Ministry of Health and Family Welfare issued the notification amending the rules.
Q9: Under what conditions is surrogacy using donor gametes allowed?
Answer. Surrogacy using donor gametes is allowed with District Medical Board certification of a medical condition in either spouse.
Q10: How is the amendment perceived in terms of protecting patients’ rights?
Answer. The amendment is seen as protecting the fundamental rights of patients involved in surrogacy.
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