Surrogacy (Regulation) Rules, 2022

Jun 22, 2022 | by TeamLease RegTech Legal Research Team

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Industry Specific ComplianceThe Ministry of Health and Family Welfare (MoHFW) on June 21, 2022 has issued the Surrogacy (Regulation) Rules, 2022.

The foremost provisions of the rules are as followed:

• The requirement, and qualification for persons employed, at a registered surrogacy clinic.- (1) The minimum requirement of staff and their qualification for surrogacy clinic shall be as specified in Schedule I, Part 1.

(2) The minimum requirement of equipment for surrogacy clinic shall conform to the requirement as specified in Schedule I, Part 2.

• The manner of application for obtaining a certificate of recommendation by the Board shall be as specified in Form 1.

• Form and manner for registration and fee for a surrogacy clinic.– (1) An application for registration for a surrogacy clinic shall be made by the surrogacy clinic which is carrying out procedures related to the Surrogacy, as provided in the Act to the appropriate authority in Form 3.

(2) Every application for registration shall be accompanied by an application fee of rupees two lakhs for surrogacy clinic and the application fee once paid shall not be refunded:

Provided that, if an application for registration of any surrogacy clinic is rejected by the appropriate authority, no fee shall be required to be paid on re-submission of the application by the applicant for the same clinic:

Provided further that such establishment in the government run institutes need not pay for application.

• Period, manner and form for certificate of registration.- (1) The appropriate authority shall, after making such enquiry and after satisfying itself that the applicant has complied with all the requirements, shall grant a certificate of registration in Form 4 to the applicant.

(2) A copy of the certificate of registration shall be displayed by the registered surrogacy clinic at a conspicuous place at its place of business.

• Manner in which the seizure of documents, records, objects, etc., shall be made and seizure list shall be prepared and delivered.- (1) Every surrogacy clinic shall allow the National Board or National Registry or State Board or Appropriate Authority or to any other person authorised in this behalf to inspect the place, equipment and records.

(2) An inspection of an already registered clinic may be done without any notice, during the working hours of the clinic.

(3) The authorities referred to in subsection (1) shall ensure that the entry and search procedure do not place at risk the gametes or embryos stored in the facility.

[Notification No. G.S.R. 460(E)]


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