BENGALURU: Observing that not allowing surrogacy through donor gametes as a condition in the consent form for seeking permission for surrogacy is contrary to the Surrogacy (Regulation) Act, the Karnataka High Court permitted 12 couples to opt for surrogacy using donor female gametes. The majority of them are from Bengaluru, and a couple each from Hassan, Kolar and Dharwad.
The couples challenged a notification issued by the Union government on March 14, 2023, amending Clause (1)(d) Form No.2 of the Surrogacy Regulations, disallowing surrogacy. They sought permission to have a child through surrogacy.
Justice M Nagaprasanna partly allowed a batch of petitions filed by 13 couples this year. As the case was pending, a 37-year-old woman-petitioner passed away.
The court said the condition of one of the petitioners as depicted by medical practitioners clearly indicates the necessity of surrogacy, which would mean that the petitioners are all entitled to opt for surrogacy under the Rule.
The petitioners’ counsel argued that the condition of every one of the intending mothers demonstrates that it is impossible for them to conceive naturally through IVF or any other method and are left with no choice, but to bear a child through surrogacy. Several provisions of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021 permit surrogacy on medical conditions but the notification takes it away, he argued.