SC declines plea challenging rules prohibiting use of donor gametes for couple opting children through surrogacy

New Delhi [India], May 30 (ANI): The Supreme Court on Tuesday declined a plea challenging rules of the Union Health Ministry which prohibit donor gametes to couples opting for children through surrogacy.

A vacation bench of Justices Bela M Trivedi and Prashant Kumar Mishra refused to entertain the plea noting that the notification is already under challenge.

It asked the petitioner’s counsel, “Why should we entertain this petition? Are you filing this case just for publicity?”

The counsel then withdrew the plea.

Gametes are reproductive cells. In animals, the male gametes are sperms and the female gamete is the ovum or egg cells.

The Ministry of Health and Family Welfare on March 14, 2023, published General Statutory Rules (GSR) 179 (E) which said: (1) a couple undergoing surrogacy must have both gametes from the intending couple and donor gametes are not allowed (2) single women (widow/divorcee) undergoing surrogacy must use self eggs and donor sperms to avail surrogacy procedure.

Section 2(h) of the Assisted Reproductive Technology Regulation Act, 2021 defines a “gamete donor” as a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child.

The plea challenged the rules on the ground that it is against the provisions of the Surrogacy (Regulation) Act, 2021, which gives the right of parenthood to infertile couples.

A batch of petitions challenging the provisions of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology Act, 2021 is already pending before the apex court.