Surrogacy Law in India

Key Points

• 1Recent amendments to the Surrogacy (Regulation) Rules, 2022, clarify the permissibility of using donor gametes in surrogacy.
• 2The Surrogacy (Regulation) Act, 2021 prohibits commercial surrogacy and allows only altruistic arrangements.
• 3Only gestational surrogacy, where ARTs like IVF are used, is allowed.
• 4The rules necessitated the use of their own gametes by intending parents.
• 5The latest amendment permits the use of either of the parent’s gamete along with a donor gamete in case of couples where either of them has a medical condition.
• 6The exclusionary approach in determining eligibility criteria by centering it on current or previous marital status is currently being contested in the Supreme Court.
• 7In as far as both surrogacy and adoption entail parenting children that one (or their spouse/partner) does not give birth to, they should be treated similarly in legislation.