Despite ban, HC allows 2 couples to use donor eggs for surrogacy

MUMBAI: Observing that their cases “merited the relief”, Bombay high court on Friday came to the aid of two couples keen on becoming parents by ensuring that a new law preventing the use of donor eggs for surrogacy does not affect them.

In March 2023, govt had amended rules to prevent surrogacy using donor sperms/eggs.

However, the HC bench, headed by Justice Girish Kulkarni, made an exception and allowed the two couples – from Mumbai and Navi Mumbai – to opt for donor eggs.

The couples had petitioned HC in the first half of 2023. While the Mumbai couple had suffered repeated miscarriages, the Navi Mumbai man and wife were issueless after a decade of marriage. Union health ministry had sought dismissal of the two pleas. However, the couples’ lawyer opposed any blanked ban.

HC passed a detailed order permitting donor gametes only to the two petitioning couples as their circumstances “merited the relief”. The reasoned order will be available later.

Union health ministry, represented by the additional solicitor general, argued that donor gametes – reproductive cells – are not allowed for surrogacy in the interest of the child as there is a “possibility that the parents (couple) would not have strong emotional bond with the child”.

However, the couples’ counsel Tejesh Dande argued that there could be no blanket ban as medical reasons could prevent couples from relying on their gametes and depend on donors. In fact, one of the women wanted donor eggs as she suffered from a rare genetic condition.

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