Surrogacy in India

Article Title: Surrogacy in India


Polity & Governance Current Affairs Analysis

Why is in news? Donor gametes are allowed: what the new rule on surrogacy says

The Centre amended the surrogacy Rules to allow couples to use donor eggs or donor sperm for surrogacy. This overturned a previous amendment made in March 2023 that banned the use of donor gametes.

News Summary:

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.

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.

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.


A surrogate, sometimes also called a gestational carrier, is a woman who conceives, carries and gives birth to a child for another person or couple (intended parent/s).

The surrogate agrees to give the child to that person or couple after the birth.