#Surrogacy Center Govt. permits using of #donor #gametes - Adv. ROHiT Erande.©

 #Surrogacy Center Govt. permits using of  #donor #gametes...

Adv. ROHiT Erande. ©

Central Government in its recent amendment made to Surrogacy (Regulation) Rules, 2022 vide a notification dated 21/02/2024, has notified that the couples (husband or wife) certified as suffering from medical conditions, both gametes need not come from the intending couple.


This is a very crucial development and will benefit many intending parents. The new rule reads as under :

(i) couple undergoing surrogacy must have both gamete from the intending couple. However, in case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from medical condition necessitating use of donor gamete then surrogacy using donor gamete is allowed subject to the condition that the child to be born through surrogacy must have atleast one gamete from the intending couple;


(ii) single woman (widow or divorcee) undergoing surrogacy must use self eggs and donor sperms to avail surrogacy procedure”.


So now role of the District Medical Board has become more important. This amendment is, perhaps the result of various petitions filed in the Constitutional Courts across India, which pleaded that the Husband/wife who are otherwise suffering from the medical problems could not opt for the Surrogacy as Donors gamets were barred. 


Thanks and regards


Adv. Rohit Erande. ©

Pune..

Comments

Post a Comment

Popular posts from this blog

A Physician is free to decide whom he/she will serve, except in case of Emergency – Court rejects 2.5 Crore petition against Doctor & Hospital

A Physician is free to decide whom he/she will serve, except in case of Emergency –  Court rejects 2.5 Crore petition against Doctor & Hospital “Its in the interest of Patients that Doctors. should not be dragged to the Court unnecessarily”” – National Commission observed while dismissing the Compliant for damages of Rs.2.5 Crores as it prevents Doctors from discharging their duty to a suffering person who needs their assistance utmost. A Physician is free to decide whom he will serve, save in case of Emergency –  Court rejects 2.5 Crore petition against Doctor & Hospital Case : SUMAN TANEJA V/s. METRO HOSPITAL & HEART INSTITUTE & 3 ORS, decided on 02/02/2016. Factual Matrix in nutshell : 1. The Complainant, widow of deceased patient claimed damages to the tune of Rs. Two & half Crores on the ground that her husband who was diagnosed as Inferior Wall Myocardial Infarction (IWMI).did not receive the emergency treatment in Golden Hours.The Doctor ...
Read more

A "Supreme Judgment" with manifold reliefs to Doctors and Hospital : Perhaps the year end gift for Doctors.-Adv. ROHiT ERANDE.©

 The "Supreme Judgment" with manifold reliefs to Doctors and Hospital : Perhaps the year end gift for Doctors.  Adv. ROHiT ERANDE.© a. Non availability of Operation Theatre is not a valid ground to hold Hospital Negligent : b. Non functioning of Machines and Equipments cannot be said to be Negligence. c. It is an incorrect assumption to say that, "since surgery was performed by a doctor, he alone would be responsible for different aspects of the treatment required and given to the patient". d. It is too much to expect from a doctor to remain on the bed side of the patient throughout his stay in the hospital. e. Every death of a patient cannot on the face of it be considered to be medical negligence. f.  In spite of the treatment, if the patient had not survived, the doctors cannot be blamed as even the doctors with the best of their abilities cannot prevent the inevitable g. The doctor cannot be held liable for medical negligence by applying the doctrine of  res ips...
Read more

"MD Medicine Dr. fined Rs.41 lakh for doing pleural tapping test without Sonography, that too in Causality section

"MD Medicine Dr. fined Rs.41 lakh for doing pleural tapping test without Sonography, that too in Causality section " The Maharashtra State Consumer Disputes Redressal Commission, (MSCDRC) in its recent judgment dated 31/03/2017, gave the verdict against the Doctor, but absolved the Hospital.. Case details - Mr.Prashant Tamhane V/s. P.D. hinduja Hospital and anr. CC No.221 of 2003. http://cms.nic.in/ncdrcusersWeb/GetPdf.do… Facts in short : 1. This is the case of 2002. The wife (since deceased) of the Complainant was admitted in the Hospital after the blood reports revealed symptoms of hepatitis. There she was examined by Dr.Ashit Hegde, the Opponent no.2 Doctor in the present case. At that time he after examining the patient he thought it fit for not admitting the patient. By taking medication she was improving. 2.However after about one month, she had Chest pain and difficulty in breathing. Initial X-ray was normal, but in later X-ray, she was diagno...
Read more