Why were surrogacy rules modified?

Context:

The Union government modified the Surrogacy (Regulation) Rules, 2022, allowing married couples to use donor eggs or sperm for surrogacy.

Relevance:

GS – 02 (Government Policies & Interventions, Social Empowerment)

Prelims:

Surrogacy Law, Surrogacy (Regulation) Act 2021, Altruistic surrogacy, Commercial Surrogacy, Article 21 of the constitution.

Mains Question:

Critically analyze the recent amendment to the Surrogacy (Regulation) Rules, 2022, with a focus on its implications for reproductive rights, inclusivity, and legal challenges. (250 words)

Key Highlights:

The amendment aims to provide relief to couples facing medical complications hindering conception.
However, the modification excludes married couples where both partners require donor gametes and remains inapplicable to widowed or divorced women.
The Supreme Court intervened in response to a petition challenging the 2023 amendment, highlighting its contradiction with the Surrogacy Act, 2021.
The Court emphasized a woman’s right to parenthood and recognized the need for gestational surrogacy in cases of medical or congenital conditions.
The regulatory change does not extend to single women, sparking concerns about discrimination and violation of fundamental rights.

Dimensions of the Article:

Amendment to Surrogacy Rules
Exclusionary Provisions and Legal Challenges
Judicial Intervention and Recognition of Rights
Concerns Regarding Discrimination

Amendment to Surrogacy Rules:

The recent modification to the Surrogacy (Regulation) Rules, 2022, permits married couples to utilize donor eggs or sperm for surrogacy, reversing the ban imposed in March 2023.
This adjustment aims to address the challenges faced by couples encountering medical obstacles to conception, providing them with alternative options to achieve parenthood.

Exclusionary Provisions and Legal Challenges:

Despite the amendment, certain limitations persist within the regulatory framework. The requirement for at least one gamete from the intending parents poses a hurdle for couples where both partners necessitate donor gametes.
Moreover, the exclusion of widowed or divorced women from availing donor gametes raises questions about inclusivity and equitable access to assisted reproductive technologies.

Judicial Intervention and Recognition of Rights:

The Supreme Court intervened following a petition challenging the 2023 amendment, emphasizing fundamental rights and the objectives of the Surrogacy Act, 2021.
The Court underscored a woman’s right to parenthood and acknowledged the necessity of gestational surrogacy in cases of medical or congenital conditions inhibiting pregnancy.
Additionally, the Court critiqued the exclusionary nature of the amendment, highlighting its contradiction with existing legal provisions.

Concerns Regarding Discrimination:

The regulatory change fails to address the concerns of single women seeking access to surrogacy.
The exclusion of single individuals, live-in couples, and LGBTQ couples from utilizing assisted reproductive technologies has sparked debates about discrimination and constitutional rights.
Legal challenges contesting the association of marital status with surrogacy eligibility highlight the need for a more inclusive and rights-based approach.

Way Forward:

The modification of the Surrogacy (Regulation) Rules, 2022, represents a step towards accommodating the needs of couples facing infertility issues. However, the persistence of exclusionary provisions and legal challenges underscores the necessity for a comprehensive and rights-based approach to assisted reproductive technologies.
Policymakers must strive to ensure equitable access to surrogacy for all individuals, irrespective of marital status or gender identity, while upholding fundamental rights and principles of inclusivity.