Surrogacy (Regulation) Amendment Rules, 2023

The Ministry of Health and Family Welfare (MoHFW) has notified the Surrogacy (Regulation) Amendment Rules, 2023. The Amendment Rules further amend the Surrogacy (Regulation)
Rules, 2022
. These Amendment Rules were notified on 8th June, 2023 and are effective from that date.

The Amendment Rules include a new clause in the Surrogacy Rules. The addition of this clause aims to define the term “Couple of Indian Origin” in the context of surrogacy arrangements in India.

According to the newly introduced clause, “Couple of Indian Origin” refers to a couple where both the husband (male) and wife (female) are Overseas Citizens of India (OCI) cardholders.

The criteria for determining the status of a couple as “Couple of Indian Origin” will be based on the Acts, Rules, Instructions, and Guidelines set forth by the Ministry of Home Affairs. Moreover, it will also be essential for the couple of Indian Origin to fulfill various criteria outlined in the Surrogacy (Regulation) Act, 2021.