The Ministry of Health and Family Welfare on February 21, 2024, notified the Surrogacy (Regulation) Amendment Rules, 2024 to further amend the Surrogacy (Regulation) Act, 2021.
The following has been stated-
In the Surrogacy (Regulation) Rules, 2022, in Form 2, in paragraph 1, for sub-paragraph (d), the following shall be substituted namely:-
“1(d)(i) couple undergoing surrogacy must have both gametes from the intending couple. However, in a case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from a medical condition necessitating the use of a donor gamete then surrogacy using donor gamete is allowed subject to the condition that the child be born through surrogacy must have at least one gamete from the intending couple;
(ii) single woman (widow or divorcee) undergoing surrogacy must use self eggs and donor sperm to avail of surrogacy procedure;”.
[Notification No. G.S.R. 119(E)]