Centre amends surrogacy rules | UPSC Mains Current Affairs

Why in news:

The amendment to the surrogacy rules came after petitions were filed in the Supreme Court by women across the country, following a case where a woman with a rare congenital disorder was allowed to undergo surrogacy with a donor egg.

About Centre amends surrogacy rules:

• District Medical Board certification: The District Medical Board certifies the need for a donor gamete in cases where either the husband or wife of the intending couple has a medical condition necessitating the use of donor gametes.
• Single women using donor gametes: Single women, whether widows or divorcees, must use their own eggs and donor sperm for surrogacy procedures.
• Previous ban on donor gametes: The Centre had issued a notification in March 2023 banning the use of donor gametes for couples intending to undergo surrogacy, which has now been amended.

Types of Surrogacy:

• Altruistic surrogacy: This type of surrogacy involves no monetary compensation to the surrogate mother other than medical expenses and insurance coverage during pregnancy.
• Commercial surrogacy: This type includes surrogacy procedures undertaken for monetary benefit exceeding basic medical expenses and insurance coverage.

Provisions of Surrogacy (Regulation) Act, 2021:

• The Surrogacy (Regulation) Act, 2021 allows widows, divorcees between the ages of 35 to 45 years, or legally married couples to avail surrogacy if they have a medical condition necessitating this option.
• Criteria for intended couple: The intended couple must be a legally married Indian man and woman, with specific age criteria for both partners, and they should not have any previous biological, adopted, or surrogate child.
• Ban on commercial surrogacy: The law prohibits commercial surrogacy and only allows altruistic surrogacy where no money exchanges hands and the surrogate mother is genetically related to those seeking a child.

Challenges:

• Lack of clarity on the criteria for certifying the need for a donor gamete by the District Medical Board.
• Restrictions on surrogacy options for couples where both partners have medical conditions necessitating the use of donor gametes.
• Limitations on single women (widow or divorcee) who must use self-eggs and donor sperm for surrogacy.
• Potential ethical concerns regarding the use of donor gametes in surrogacy arrangements.
• Difficulty in enforcing the ban on commercial surrogacy and ensuring compliance with the regulations.
• Limited access to surrogacy options for individuals or couples who do not meet the specified criteria under the Surrogacy (Regulation) Act, 2021.
• Challenges in ensuring the well-being and rights of surrogate mothers throughout the surrogacy process.
• Lack of awareness and education about surrogacy laws and regulations among the general public.

Merits:

• The amendment allows married couples with medical conditions to use donor gametes, expanding their options for surrogacy.
• Providing clarity on the use of donor gametes in surrogacy arrangements through certification by the District Medical Board.
• Upholding the principles of altruistic surrogacy by limiting commercial surrogacy and ensuring that no monetary compensation is provided to the surrogate mother.
• Protecting the rights and interests of surrogate mothers by regulating surrogacy practices and procedures.
• Promoting ethical practices in surrogacy arrangements by requiring genetic relation between the surrogate mother and the intended parents.
• Addressing the concerns raised by the Supreme Court petitions and ensuring access to surrogacy for individuals with medical conditions.
• Establishing age criteria for intended couples to ensure responsible parenthood and the well-being of the child born through surrogacy.
• Strengthening the regulatory framework for surrogacy to prevent exploitation and misuse of the process.

Way Forwards:

• Conducting awareness campaigns and educational programs to inform the public about the amended surrogacy rules and regulations.
• Ensuring effective implementation and enforcement of the surrogacy laws to prevent violations and protect the rights of all parties involved.
• Continuously reviewing and updating the surrogacy rules to address emerging challenges and issues in the field.
• Collaborating with healthcare professionals, legal experts, and stakeholders to improve the surrogacy process and ensure ethical practices.
• Providing support and resources for surrogate mothers to ensure their well-being and rights are safeguarded throughout the surrogacy journey.
• Establishing mechanisms for monitoring and evaluating surrogacy arrangements to prevent exploitation and ensure compliance with the law.