The petitioners, a married couple, faced fertility challenges as the wife suffered from Systemic Lupus Erythematosus (SLE), a chronic inflammatory disease affecting various organs. After failed attempts at assisted reproductive technology, the wife’s health deteriorated, leading to a heart attack in 2021.
The plea said since she was advised against pregnancy due to her cardiac condition, the couple sought surrogacy, but the wife’s premature ovarian failure required the use of donor gametes.
However, a recent amendment to paragraph 1(d)(I) of Form No.2 under Rule 7 of the Surrogacy (Regulation) Rules, 2022, prohibits the use of donor oocytes (ovary cells), hindering the petitioners from proceeding with surrogacy.
The petitioners argued that the amendment contradicts Rule 14(a) of the Surrogacy Rules, which recognizes the absence of a uterus or allied conditions as a medical indication necessitating gestational surrogacy.
The plea stated that the High Court of Calcutta, in a similar case, has already interpreted the amendment more flexibly, suggesting an alignment with the Surrogacy Act and allowing the use of donor oocytes in exceptional circumstances.
The plea added that the Supreme Court, in another such case, permitted surrogacy with donor oocytes, provided other statutory conditions were fulfilled.
Source: Barandbench
