The Ministry of Health and Family Welfare has issued the Surrogacy (Regulation) Amendment Rules 2023 to further amend the Surrogacy (Regulation) Rules, 2022. These rules aim to regulate surrogacy arrangements in India and ensure the well-being of all parties involved. This article provides an analysis of the amendment rules, highlighting the updated guidelines and requirements.
Analysis: The Surrogacy (Regulation) Amendment Rules 2023 bring notable changes to the qualifications of Andrologists involved in surrogacy procedures. According to the amendment, the Andrologist must hold an MCh/DNB in urology or MS in General Surgery or FNB/MCh/DM in reproductive medicine. Additionally, they should have a minimum of 2 years of experience and hands-on experience in a range of surgical sperm retrieval procedures, including PESA, TESA, TESE, MESA, and MICROTESE. These qualifications aim to ensure the expertise and competence of Andrologists in the field of reproductive medicine.
The amendment rules contribute to the overall framework established by the Surrogacy (Regulation) Act, 2021. The Act aims to regulate surrogacy arrangements and protect the rights and interests of surrogate mothers, intended parents, and children born through surrogacy. The rules provide clarity and guidelines for the implementation of the Act, promoting ethical practices and safeguarding the well-being of all parties involved in surrogacy arrangements.
It is important for individuals and couples considering surrogacy, as well as medical professionals involved in surrogacy procedures, to be aware of the updated guidelines and requirements outlined in the Surrogacy (Regulation) Amendment Rules 2023. Adhering to these rules ensures compliance with the legal framework and promotes responsible and ethical surrogacy practices in India.
Conclusion: The Surrogacy (Regulation) Amendment Rules 2023 introduce updated guidelines and requirements for surrogacy arrangements in India. With a focus on the qualifications of Andrologists and surgical sperm retrieval procedures, these rules aim to enhance the safety and well-being of all parties involved in surrogacy. By following the guidelines and requirements set forth in the amendment rules, individuals and medical professionals can ensure compliance with the law and contribute to the ethical practice of surrogacy in India.
MINISTRY OF HEALTH AND FAMILY WELFARE
(Department of Health Research)
NOTIFICATION
New Delhi, the 11th July, 2023
G.S.R. 494(E).—In exercise of the powers conferred by section 50 of the Surrogacy (Regulation) Act, 2021 (47 of 2021), the Central Government hereby makes the following rules, further to amend the Surrogacy (Regulation) Rules, 2022, namely:-
1. (1) These rules may be called the Surrogacy (Regulation) Amendment Rules, 2023.
(2) They shall come into force on the date of their publication in Official Gazette.
2. In the Surrogacy (Regulation) Rules, 2022, sub-section (b) of Para 2 in Part 1 of Schedule 1 shall be substituted as under:-
“The Andrologist shall be MCh/DNB in urology or MS General Surgery or FNB/MCh/DM in reproductive medicine with minimum 2 years experience and having hands-on experience of minimum 15 surgical sperm retrieval (namely PESA / TESA / TESE / MESA / MICROTESE procedures).”
[F. No. U.11019/15/2022-HR]
ANU NAGAR, Jt. Secy.
Note : The Surrogacy (Regulation) Rules, 2022 were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide G.S.R. 460 (E) dated 21st June, 2022, and subsequently amended vide notification number vide G.S.R. 772 (E) dated 10th October, 2022, G.S.R. 179 (E) dated 14th March, 2023 and G.S.R. 415(E) dated 8th June, 2023.
