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SURROGACY RULES – SCI & TECH

Published 26 Feb 2024. Access the PDF directly or read the stored explanation below.

UPSC English 26 Feb 2024

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.

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