Karnataka HC allows 12 couples to undergo surrogacy using donor gametes
Nov 22,2023
Bengaluru: In a relief for 12 intending couples (who intend to become parents through surrogacy), the high court has directed the authorities to consider and permit them to undergo surrogacy using donor gametes , without insisting them to follow the March 14, 2023 notification.
Justice M Nagaprasanna recently pointed out that when Rule 14 allows gestational surrogacy in certain enumerated medical conditions, Form 2 (Consent of the surrogate mother and agreement for surrogacy) issued in terms of the amendment cannot stipulate that the couple must have their own gamete, contrary to the rules.
Thirteen couples had challenged the Centre’s notification, particularly the amendment to clause (1)(d) of Form 2 of the Surrogacy Regulations, prescribing that a couple must have both gametes from the intending couple, and donor gametes are not allowed. One petitioner died during the pendency of the proceedings. It was argued that the women petitioners are in such medical condition that it is impossible for them to conceive in a natural way through IVF, or through any other method, and are left with no choice but to bear a child through surrogacy.
The Centre defended the amendment, stating that it’s designed to curb commercialisation of surrogacy, popularly known as “rent a womb”. Justice Nagaprasanna noted Rule 14 deals with medical indications, necessitating gestational surrogacy.
“Rule 14 (a) permits gestational surrogacy to a woman who has no uterus or missing uterus or abnormal uterus or other medical conditions such as gynaecological cancer; clause (b) permits an intended parent or a woman who has repeatedly failed to conceive after multiple In Vitro Fertilisation or Intracytoplasmic sperm injection attempts; clause (c) permits gestational surrogacy in multiple pregnancy losses resulting in an unexplained medical reason; clause (d) permits such illness that makes it impossible for a woman to carry pregnancy or pregnancy would become life threatening. Rule 14 is not nebulous, it does contain all the conditions – medical conditions that would permit a woman to opt for gestational surrogacy,” the judge pointed out.
Source: HealthWorld