In a significant move, the Union Health Ministry in India has amended the surrogacy rules to address the challenges faced by couples grappling with medical conditions hindering their ability to conceive. This crucial amendment comes on the heels of intense scrutiny from the Supreme Court, which questioned the efficacy and fairness of the previous regulations.

Under the earlier rules, couples undergoing surrogacy were required to provide both gametes, a stipulation that posed significant hurdles for couples where one partner suffered from a medical condition affecting their fertility. Recognizing the need for inclusivity and flexibility in such cases, the Union Health Ministry has stepped in to rectify this disparity.

The amended rules now allow married couples to utilize the egg or sperm of a donor when one partner faces a medical obstacle to providing gametes. This progressive step not only acknowledges the diverse reproductive challenges that couples may encounter but also ensures that surrogacy remains a viable option for individuals and families navigating fertility issues.

The intervention of the Supreme Court played a pivotal role in prompting this legislative change. In a series of hearings, the apex court questioned the rationale behind the previous rules, emphasizing the potential detriment they posed to the very purpose of surrogacy.

By permitting several petitioners to proceed with surrogacy using donor eggs despite the existing restrictions, the court underscored the urgency of revising the outdated regulations.

The deliberations in court also shed light on the plight of numerous women who found themselves entangled in bureaucratic red tape, unable to pursue surrogacy due to restrictive laws. The government's reassurance, conveyed through Additional Solicitor General Aishwarya Bhati, that it was reconsidering the amendment brought last year, signaled a promising shift towards a more inclusive and empathetic approach to surrogacy regulation.

Rule 7, which previously focused on the consent of the surrogate mother and the agreement for surrogacy, now encompasses provisions for the fertilization of donor oocytes by the husband's sperm. This amendment not only broadens the scope of surrogacy arrangements but also prioritizes the welfare and reproductive autonomy of intending couples.