HC on Surrogacy: Notification Barring Use of Donor Gametes in Surrogacy Violates Surrogacy and ART Acts, Says Delhi High Court

The Delhi High Court recently said the notification barring the use of donor gametes in surrogacy procedures violates the Surrogacy (Regulation) Act and the Assisted Reproductive Technology (Regulation) Act [ART Act]. The division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula gave a prima facie finding that the Central government's notification that amended paragraph 1(d) of Form 2 under Rule 7 of the Surrogacy (Regulation) Rules, 2022 denied couples the access to legally and medically regulated procedures. The court also said that there is no rationale for such discrimination. "In cases where a wife is able to produce viable oocytes, however is unable to carry a gestational pregnancy, the intending couple would be able to avail surrogacy procedures in accordance with law. However, should the wife not be able to produce viable oocytes, they would not be permitted to become parents through surrogacy," the Court said in its October 9 order. Delhi High Court Allows 31-Year-Old Woman Living Separately From Husband To Terminate 23-Week Pregnancy.

Barring Use of Donor Gametes in Surrogacy Violates Surrogacy

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