Supreme Court allows surrogacy, strikes down rule banning use of donor gametes.

In a recent decision, the Hon’ble Supreme Court paved way to protect the right of parenthood of my client, suffering from a rare medical condition, commonly known as MRKH Syndrome, which is a medical condition provided in the Surrogacy Regulation Rules, which makes it mandatory for an intending couple to opt for gestational surrogacy using donor gametes due to absent uterus as well as ovaries.

By virtue of an amendment introduced on 14.03.2023, there was a bar on opting for donor gametes in gestational surrogacy by an intending couple.

After hearing my arguments at length, the Hon’ble bench was inclined to stay the operation of the amendment dated 14.03.2023 qua the Petitioner whom I was representing.

Thus, this historic decision blessed the intending couple to achieve parenthood using gestational surrogacy. This judgement marks a watershed moment in India’s reproductive and fertility laws.

This also has paved the way for the intending couples desirous of achieving parenthood through gestational surrogacy to seek intervention from the Constitutional Courts wherever it is necessary to enable them to undergo gestational surrogacy.