07

Oct

Delhi HC: Give dead man’s frozen sperms to his parents for surrogacy

Thirty-year-old Preet Inder Singh was diagnosed with Non-Hodgkin’s lymphoma on June 22, 2020. Five days later, before starting chemotherapy, he had given his semen sample for cryopreservation — doctors had said chemotherapy may affect his fertility. Coming to the aid of the parents of a young cancer patient who, months before his death, had sought cryopreservation of […]

11

Sep

Surrogate Mothers Likely To Be Paid Anyway, Better To Have A System To Regulate : Supreme Court In Challenge To Ban On Commercial Surrogacy

While hearing the pleas challenging certain surrogacy laws, the Supreme Court today emphasized the need to safeguard the interests of surrogate mothers, even though commercial surrogacy is prohibited in India. A bench comprising Justices BV Nagarathna and N Kotiswar Singh was hearing a batch of petitions pertaining to the Surrogacy Regulation Act and the Assisted Reproductive Technology[…]

14

Jun

Laws that govern the surrogacy process in India

Couples struggling with the natural conception of a baby consider other methods. Among the fertility procedures that ensure positive pregnancy is surrogacy. This refers to bearing someone else’s child. Usually, the male and female gametes come from the couple to be implanted and kept in the gestational carrier’s body. After 9 months of development, the fetus is[…]

04

May

Centre Suggests Eleven Issues For Supreme Court’s Consideration In Pleas Challenging Provisions Of Surrogacy Act & Assisted Reproductive Technology Act

During the hearing before the Supreme Court in the batch of petitions challenging various provisions of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021, the Central Government has suggested eleven issues, on which parties could file written submissions before the final hearing of the matters. During the hearing today, the Court asked[…]

30

Apr

Law Doesn’t Discriminate Between Individual Women, Couples Seeking IVF; No Requirement For Sperm/Oocyte To Come From Couple Themselves: Calcutta HC

The Calcutta High Court has recently held that in cases of in-vitrio fertilisation (IVF), it is not mandatory that either the sperm or the oocyte must come from the couple seeking IVF themselves.A single bench of Justice Sabyasachi Bhattacharya perused the rules under the Assisted Reproductive Technology (Regulation) Act, 2021 (Act) and allowed a plea by a[…]

03

Apr

Restricted by surrogacy laws, Indians are going abroad to become parents

Single men, women, same sex and even straight couples are opting for commercial surrogacy in the US, Canada, East European and Latin American countries.Eight years ago, a same-sex couple in Delhi had a daughter through surrogacy. But when they chose to have another child this year, hoping to complete the picture of an ideal family, the law[…]

22

Feb

Surrogacy (Regulation) Rules, 2022

(i) couple undergoing surrogacy must have both gamete from the intending couple. However, in case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from medical condition necessitating use of donor gamete then surrogacy using donor gamete is allowed subject to the condition that the child to be born through[…]

08

Feb

Supreme Court Redirects Applications Seeking Permission For Surrogacy To High Courts Awstika

In a significant development, the Supreme Court this week directed new applicants seeking permission to undergo surrogacy to approach the jurisdictional high courts. The Court clarified that the pendency of the petitions challenging the provisions of the surrogacy law in the Supreme Court will not bar the High Courts from entertaining applications filed by individuals seeking permission[…]