Indian Government Permits Donor Egg & Sperm in Surrogacy Procedures

In a long-awaited reform, the Indian government has approved the use of donor egg and donor sperm in surrogacy procedures. The Surrogacy (Regulation) Act, 2022 which came into force on January 25, 2023 has been amended to allow healthy couples who cannot conceive owing to medical reasons, to avail surrogacy with donor gametes. This move expands reproductive options for infertile couples and brings Indian regulations on par with international standards.

Key Highlights of the New Amendments

• Allows use of donor sperm and oocytes along with surrogacy
• Only Indian couples who have been legally married for 5 years can avail this
• Makes surrogacy with donor gametes legal for females aged 35-45 years and males aged 40-55 years
• Foreigners, live-in couples, single parents and LGBTQ couples still barred
• 10 months mandatory residence for overseas citizens of India (OCI) cardholders intending to take up surrogacy
• Surrogacy clinics require formal registration to offer donor gamete services
• Strict penalties for clinics flouting norms

Rationale Behind Donor Gametes Provision

• Allows couples with medical infertility issues like absence of sperm or eggs to realize parenthood dreams via surrogacy
• As per WHO, 15% of couples face fertility issues, many require IVF with donor sperm or eggs
• Legalizing donor gametes plugs gaps in previous Act which restricted reproductive rights
• Brings Indian law on par with more progressive international surrogacy regulations
• Helps curtail exploitative commercial surrogacy practices
• Boosts medical tourism revenue potential to the tune of $2.5 billion by 2026

Surrogacy Process Using Donor Gametes

Stage 1: Finding a Surrogate

• Surrogates rigorously screened, vaccinated and counselled before enrollment
• Only close relatives of couple allowed first, clinics maintain surrogate pool
• Surrogates aged 25–35 years preferred with at least one healthy pregnancy

Stage 2: IVF using Donor Eggs/Sperm

• Donor eggs introduced to husband’s sperm or vice versa based on couple’s condition
• Embryos assessed for genetic anomalies before implanting in surrogate’s uterus
• Multiple embryos transferred to boost successful implantation probability

Stage 3: Antenatal Care & Delivery

• Surrogate’s health parameters, nutrition and lifestyle monitored
• Natural uneventful delivery preferred but C-section if medically indicated
• Child’s birth certificate contains intending couple’s name

Stage 4: Postnatal Care

• Child’s healthcare, feeding support provided for 8-12 weeks ● Monetary compensation released only after satisfactory certificate

Surrogacy Success Rates Using Donor Gametes

Potential Risk Factors

• Lower success rates due to donor gamete quality issues
• Twin pregnancies carrying higher health risks
• Surrogacy and custody conflicts due to legal uncertainties
• Misuse of relaxed norms for commercial gains

Surrogacy Regulation Bodies Under the Amended Act

• National and State Surrogacy Boards monitoring implementation
• Assisted Reproductive Technology (ART) banks regulating donor gametes
• Registration Committee overseeing surrogacy clinics
• By opening up surrogacy for persons requiring donor gametes, the Indian government has adopted a pragmatic stand balancing ethics and technology.
• Widening choices for building families beyond biological limitations while instituting firm safeguards against misuse sets a progressive standard for reproductive policy.
• Although some gaps remain pertaining to LGBTQ and foreign couples, the latest amendments represent a step forward in supporting the hopes of persons battling infertility.
• Ensuring supportive administration, responsible medical practice and compassionate societal norms holds the key now to surrogacy’s inclusive potential being fully realized in years to come.