New Surrogacy Rules: Donor Gametes Allowed

The recent amendment to surrogacy rules has sparked considerable discussion regarding the use of donor gametes. This shift overturns the previous ban on such practices, offering new opportunities for couples facing infertility challenges. Let’s delve into the implications and nuances of this amendment.

Implications of the Amendment

• The revised notification now permits the use of donor eggs or sperm for surrogacy, provided a District Medical Board certifies a medical condition necessitating their use for either spouse within the intending couple. This change, while expanding options for couples, also introduces specific guidelines for single women seeking surrogacy. For instance, divorced or widowed women opting for surrogacy must utilize their own eggs along with donor sperm.

Addressing Medical Needs and Age Considerations

• Before the March 2023 amendment, surrogacy rules allowed for the use of donor eggs but not sperm. The recent change accommodates the needs of older women and those facing medical conditions hindering egg production. This includes conditions like Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome, which impacts reproductive function and fertility.
• Experts emphasize the importance of donor gametes for older women, whose egg quality and quantity decline significantly with age. For women over 45, using donor eggs may be strongly recommended due to these age-related factors.

Medical Necessity and Specific Cases

• While the need for donor gametes in surrogacy remains relatively rare, it’s crucial for specific medical conditions. Women without a uterus or with conditions affecting its function may require surrogacy with donor eggs. This necessity is particularly pronounced in cases of gonadal dysgenesis, where congenital conditions affect reproductive functioning.

Contentions Surrounding Single Women and Surrogacy

• The current regulations on surrogacy present challenges for single women, limiting access primarily to widowed or divorced individuals. Moreover, the mandate to use the woman’s own eggs raises concerns, especially for older women where donor eggs might be medically advisable.
• Critics argue that marital status should not dictate eligibility for surrogacy, advocating for broader access to single individuals, live-in couples, and LGBTQ couples.

Target Audience and Medical Needs for Surrogacy

• Surrogacy primarily serves women with missing or abnormal uteruses, previous surgeries affecting reproductive organs, or conditions jeopardizing pregnancy viability. It offers hope for those who have struggled with infertility despite multiple rounds of IVF or face life-threatening risks during pregnancy.
• While IVF remains an option for some, surrogacy becomes medically necessary in cases where IVF failures are not due to uterine issues.
• In conclusion, the recent amendment to surrogacy rules marks a significant shift, offering new possibilities for couples and individuals grappling with infertility challenges. However, ongoing discussions highlight the need for further inclusivity and consideration of diverse circumstances in surrogacy regulations.