Govt tells SC that it is reconsidering surrogacy law amendment of ban on donor eggs, sperm

The Centre assured the Supreme Court on Tuesday that it would make a decision soon and that it was reconsidering the surrogacy law amendment from the previous year that outlawed the use of donor gametes, such as sperm, egg cells, or ova, TOI reported.

Aishwarya Bhati, appearing before a bench, stated that the process had already begun and that experts were putting their heads together.

The court had asked the ASG to explain why the Centre was not making a decision in spite of numerous women coming to the ASG with their complaints and being granted exemptions due to medical reports indicating that they were unable to produce eggs.

The petitioners were granted relief by the top court, which had previously declared that the amendment was prima facie in violation of the primary provision of the Surrogacy (Regulation) Act.

Rule 7 of the Act states that donor gametes are not permitted and that the intended couple's eggs and sperm must be used for the surrogacy process, as per a notification that was issued on March 14 last year.

Many women cannot afford to approach the Supreme Court for relief from the new surrogacy regulations that prohibit the use of donor gametes, SC stated.

It urged the government to reconsider the amendment in order to address the concerns expressed by a significant number of women, arguing that such relief could not be restricted to a small group of people.

A notification released in March of last year stated that single women (widows or divorcees) undergoing surrogacy must use their own eggs and donor sperms to avail surrogacy procedure, in addition to prohibiting the use of donor gametes by couples opting for surrogacy.

Previously, Rule 7 of the Act on 'Consent of the Surrogate Mother and Agreement for Surrogacy' discussed the fertilization of donor oocytes by the husband's sperm.

A number of women have filed a petition with the SC seeking relief, believing that the amendment destroyed their hopes of becoming parents by prohibiting the surrogacy process. Six such women from Kerala, Maharashtra, Haryana, and Uttar Pradesh had similar pleas granted by the bench on Tuesday.