Reconsidering ban on donor eggs, sperm in surrogacy: Govt to SC

NEW DELHI: The Centre told Supreme Court Tuesday that it was reconsidering the amendment brought in surrogacy law last year by which use of donor gametes-ova or egg cells and sperm-was banned, and assured it would soon come out with a decision, reports Amit Anand Choudhary.

Appearing before a bench, additional SG Aishwarya Bhati said the process had already begun and experts were applying their minds. The ASG was responding to the court's query as to why Centre was not taking a decision despite many women approaching court with their grievances and being exempted on the basis of their medical reports, which showed they were unable to produce eggs.

The top court had earlier held the amendment was prima facie contrary to the main provision of Surrogacy (Regulation) Act, and granted relief to the petitioners.

Following a notification issued on March 14 last year, Rule 7 of the Act says the couple undergoing surrogacy must have both eggs and sperms from the intending couple and donor gametes are not allowed.

Not many can afford to move SC for surrogacy relief, says SC

Supreme Court said not many women can afford to approach the apex court for relief in new surrogacy rules which ban use of donor gametes. Saying such relief cannot be limited to a few, it asked government to re-examine the amendment to address the grievances raised by a large section of women.

Besides banning use of donor gametes by couples opting for surrogacy, a notification issued in March last year mentioned that single women (widow/divorcee) undergoing surrogacy must use their own eggs and donor sperms to avail surrogacy procedure.

Earlier, Rule 7 framed under the Act on ‘Consent of the Surrogate Mother and Agreement for Surrogacy’ talked about the fertilisation of donor oocytes by the sperm of the husband.

Aggrieved by the amendment which blocked the surrogacy process and shattered their dreams of parenthood, several women have been moving the SC for relief. The bench Tuesday allowed similar pleas of six such women from Kerala, Maharashtra, Haryana and UP.