According to the new rules, a government employed father who gives birth to a child through surrogacy will also get 15 days of paternity leave. This leave can be taken only within 6 months of the birth of the child and the father should not already have two or more children. It is worth noting that surrogacy was legalized in 2002, but there were no specific rules for it till 2022. Then in 2022 “Surrogacy (Regulation) Rules” were made. In February 2024, the central government amended these rules, so that now married couples, if one of the partners has any disease, can take eggs or sperm from the donor.
After the amendment in the “Surrogacy Regulation Rules, 2022”, it is now mandatory for the district medical board to certify that either of the spouses has any disease due to which they have to take eggs or sperm from a donor. The government order also states that “single women (widow or divorcee) wishing to undergo surrogacy will have to use their own eggs or sperm and donor sperm only.”
These changes were made because in 2023, the Supreme Court received petitions from many women from across the country. Actually, the Supreme Court had allowed surrogacy to a woman who had a rare disease since birth. After this, in March 2023, the Central Government issued a notification prohibiting surrogacy couples from taking eggs or sperm from donors.
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