Surrogacy (Regulation) Amendment Rules, 2023

The Ministry of Health and Family Welfare (MoHFW) has notified the Surrogacy (Regulation) Amendment Rules, 2023. This amendment has come into effect from 11th July, 2023.

It may be recalled that the Surrogacy (Regulation) Act, 2021 was notified on 25th December, 2021. The Act regulates the practice and process of surrogacy, constitutes National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards. It also prohibits commercial surrogacy and allows only altruistic surrogacy.

Subsequently, the Surrogacy (Regulation) Rules, 2022 was notified which deals with dorm and manner for registration and fee for a surrogacy clinic and the requirement, and qualification for persons employed, at a registered surrogacy clinic.

Now therefore, by the present amendment, the MoHFW has revised the qualifications of the andrologist in surrogacy clinics. The amendment now also permits an andrologist to qualify under the Rules if they possess an MS General Surgery or FNB/MCh/DM in reproductive medicine. Prior to this amendment, only a person possessing a Mch or DNB in Urology with special training in Diagnosing and Treating Male infertility was classified as an andrologist for the purposes of surrogacy.

Hence, as per the present amendment, an andrologist shall possess the following qualifications:

  • MCh/DNB in urology or
  • MS General Surgery or
  • FNB/MCh/DM in reproductive medicine
  • must have a minimum 2 years experience
  • shall also have hands-on experience of minimum 15 surgical sperm retrieval (namely PESA / TESA / TESE / MESA / MICROTESE procedures)