SURROGACY
RULES – SCI & TECH
News:
Why were the surrogacy
rules modified? | Explained
What's
in the news?
●
The Central government has modified the
surrogacy rules to permit married couples opting for surrogacy to use donor
gametes — a move that would come as a big relief to those with medical
complications.
Key
takeaways:
●
The Surrogacy (Regulation) Act, 2021,
restricted married couples from getting donor gametes.
●
A gamete is a reproductive cell. Female
gametes are called ova or egg cells, and male gametes are called sperm.
Recent
Notification:
●
A fresh notification issued by the Union Ministry of Health and Family Welfare
said the couple undergoing surrogacy must use their own gametes for having a
surrogate child.
●
However, in case a District Magistrate Board certifies that either husband or wife
suffers from a medical condition, then the couple can use a donor gamete.
●
But the notification allows only one of the two partners – either wife
or husband – to use a donor gamete.
●
A child to be born through surrogacy must
have at least one gamete from the intending parents.
●
This means a married couple where both
partners have medical issues or are unable to have their own gametes cannot opt
for surrogacy.
●
The modifications in the Surrogacy Rules
by the Central government came after the Supreme Court doubted the correctness
of the existing rules.
●
Applications were filed by married women
in the Supreme Court who were unable to conceive due to medical complications.
Go
back to basics:
Key
Provisions of the Surrogacy (Regulation) Act, 2021:
Regulation
of Surrogacy:
●
The Act prohibits commercial surrogacy and allows altruistic surrogacy.
●
The Act permits surrogacy when it is:
○
for intending couples who suffer from
proven infertility.
○
altruistic.
○
not for commercial purposes.
○
not for producing children for sale,
prostitution or other forms of exploitation.
○
for any other condition or disease
specified through regulations.
Eligibility
Criteria for Surrogate Mother:
To obtain a certificate
from the appropriate authority, the surrogate mother has to
●
be a close
relative of the intending couple.
●
be an ever-married
woman having a child of her own.
●
be 25 to 35 years old.
●
not have been a surrogate mother earlier
●
have a certificate of medical and
psychological fitness.
●
Further, the surrogate mother cannot
provide her own gametes for surrogacy.
Registration
of Surrogacy Clinics:
●
Surrogacy clinics cannot undertake
surrogacy or its related procedures unless they are granted registration by the
appropriate authority.
National
and State Surrogacy Boards:
●
The central and state governments shall
constitute the National Surrogacy Board (NSB) and the State Surrogacy Boards
(SSBs), respectively.
Offences
& Penalties:
The Act creates certain
offences which include
●
undertaking or advertising commercial
surrogacy.
●
exploiting the surrogate mother.
●
selling or importing human embryos or
gametes for surrogacy.
●
abandoning, exploiting or disowning a
surrogate child.
These offences will
attract a penalty of up to 10 years and a fine of up to 10 lakh rupees.