Petition Filed Before The Bombay HC Challenging A Recently Issued Notification That Amends The Surrogacy (Regulation) Rules, 2022

The Bombay High Court was hearing a petition challenging a recently issued notification that amends the Surrogacy (Regulation) Rules, 2022. The amendment imposes a requirement that both individuals in a couple must have the ability to produce gametes in order to be eligible for surrogacy.

The petition specifically challenges a notification released by the Central government on March 14, 2023, which modifies Clause 1(d) mentioned in Form 2 under Rule 7 of the Surrogacy (Regulation) Rules, 2022.

The amended rule stipulates that couples seeking surrogacy must have the capacity to provide both sperm and eggs, and the use of donor gametes is no longer permitted.

Consequently, if either the husband or the wife is unable to produce sperm or eggs (oocytes), they are disqualified from utilizing the provisions outlined in the Surrogacy Act.

A couple, who faced difficulties in achieving a natural pregnancy due to the woman's abnormally small uterus, filed a plea seeking surrogacy as an alternative.

They approached various fertility clinics in Mumbai, only to discover that none of them were registered or operating as surrogacy clinics. As a result, their application for assisted reproductive techniques went unacknowledged by any clinic, leading them to seek relief from the High Court.

Through Advocate Tejesh Dande, the couple filed a petition requesting the nullification of the recent amendment on the grounds that it would effectively prevent nearly 95% of intending couples from accessing surrogacy services.