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MINISTRY OF HEALTH AND FAMILY WELFARE
(Department of Health Research)
NOTIFICATION
New Delhi, the 11th March, 2023

G.S.R. 280(E).The following draft of the Surrogacy (Regulation) Amendment Rules, 2023, which the Central Government proposes to make in exercise of the powers conferred by section 50 of the Surrogacy (Regulation) Act, 2021 (47 of 2021) is hereby published as required by sub-section (1) of the said section for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public;

Objections or suggestions, if any, may be addressed to the join secretary to the Government of India, Ministry of Health and Family Welfare (Department of Health Research), 2nd floor IRCS Building, Red Cross, New Delhi-110001.[e-mail- sn.jasra38@nic.in or mohita.saxena@gov.in ]

The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period specified above will be considered by the Central Government.

DRAFT RULES

1. Short title and commencement – (1) These rules may be called the Surrogacy (Regulations) Amendment Rules, 2023.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Surrogacy (Regulation) Rules, 2022, the rule 2 may be read as under: –

“Definitions. – In these rules, unless the context otherwise requires; –

(a) ‘Act’ means the Surrogacy (Regulation) Act, 2021 (47 of 2021);

(b) ‘form’ means a form appended to these rules;

(c) ‘section’ means a section of the Act;

(d) ‘Couple of Indian Origin’ means the couple where both husband(male) and wife(female) are Overseas Citizens of India(OCI) cardholders in accordance with the Instructions/Rules/Guidelines/Acts being followed by the Ministry of Home Affairs (MHA) from time to time subject to fulfilment of various criteria as per Surrogacy (Regulation) Act, 2021;

(e) words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.”

[F. No. U.11019/15/2022-HR]

GEETA NARAYAN, Jt. Secy.

Note: The Surrogacy (Regulation) Rules, 2022 was published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide notification number G.S.R.460 (E), dated the 21st June, 2022 and subsequently amended vide notification number G.S.R.772 (E), dated the 10th October, 2022.

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