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Ms. Kiran Kumari1 , Dr. Rashmi Gupta2 , Dr. Rohit Soni3 , Dr. SunitaVerma4 , Ms. Meha Khiria
» doi: 10.48047/ecb/2023.12.9.54


This paper aims to investigate the new Surrogacy (Regulation) Amendment Rules, 2023, wherein live-in partners and the same-sex couples are not allowed to avail of services under the surrogacy law. The Ministry of Health and Family Welfare notified the Surrogacy (Regulation) Amendment Rules on 8th June, 2023 and these Amendment Rules are effective from such date. The Amendment Rules further amend the Surrogacy (Regulation) Rules, 2022. The government is making it more complicated. Speaking about the same, advocate Mohini Priya said, “The SC dismissed all our prayers saying that it has no societal acceptance. This cannot be a reason to introduce a law by saying that it has no social acceptance. Surrogacy Right of Assisted Reproduction is a reproductive right that is guaranteed under Article 21 of the Constitution. No legislation can take away from anybody. The government is making it complicated, not just for the same-sex couple but also for the needy couple who have been provided surrogacy under this act. They banned third-party donor eggs and made the upper limit of women 50 years of age. After this, there’s no meaning of surrogacy. This was expected but its okay, we are ready to fight against it.” (Priya, 2023). The Government has formulated various draft Bills to regulate surrogacy over the years in 2008, 2010, 2014 and latest draft is the current draft Bill: “Surrogacy (Regulation) Bill, 2016” (2016 Bill). So this paper aims to analyse the socio-legal implication of new Surrogacy (Regulation) Amendment Rules, 2023.

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