Pre. NOTIFICATION

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health Research)

New Delhi, the 21st June, 2022

G.S.R. 460(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, namely: -

Legal Commentary on Surrogacy (Regulation) Rules, 2022 - Preliminary Section

Introduction

The Surrogacy (Regulation) Rules, 2022, serve as a regulatory framework for surrogacy practices in India, following the enactment of the Surrogacy (Regulation) Act, 2021. These rules aim to ensure ethical practices in surrogacy, protect the rights of surrogate mothers, and regulate assisted reproductive technology (ART) facilities.

What does Section Say

The preliminary section of the Surrogacy (Regulation) Rules, 2022, outlines the short title and commencement of the rules, establishing the legal foundation for the regulation of surrogacy practices in India.

Essential Ingredients

• Short Title: The rules are officially titled the "Surrogacy (Regulation) Rules, 2022."
• Commencement: The rules come into effect upon their publication in the official Gazette.

Scope of Section

The preliminary section sets the stage for the detailed provisions that follow, which will govern various aspects of surrogacy, including eligibility criteria, rights and responsibilities of parties involved, and the operational framework for ART clinics.

Punishment for Section

While the preliminary section does not specify punishments, subsequent sections of the Surrogacy (Regulation) Act, 2021, outline severe penalties for violations, including imprisonment and fines.

Legal Comments

• Keyword: Title - The rules are officially named the "Surrogacy (Regulation) Rules, 2022." - [Source Reference]
• Keyword: Commencement - The rules take effect upon publication in the official Gazette. - [Source Reference]
• Keyword: Regulation - The rules aim to regulate surrogacy practices and ART facilities to prevent exploitation. - [Source Reference]
• Keyword: Altruistic Surrogacy - The Act allows only altruistic surrogacy, prohibiting any form of commercial surrogacy. - [Source Reference]
• Keyword: Health Insurance - Intending couples must provide health insurance for the surrogate mother for 36 months. - [Source Reference]
• Keyword: Ethical Practices - The rules are designed to curb unethical practices, including sex selection. - [Source Reference]
• Keyword: Penalties - Violations of the surrogacy regulations can lead to imprisonment for up to 10 years and fines. - [Source Reference]
• Keyword: ART Facilities - The rules aim to control and supervise ART facilities to ensure compliance with ethical standards. - [Source Reference]
• Keyword: Surrogate Rights - The rules emphasize the protection of surrogate mothers' rights and welfare. - [Source Reference]
• Keyword: Donor Gametes - Amendments to the rules allow the use of donor gametes under specific conditions. - [Source Reference]
• Keyword: National Board - The Act establishes a National Assisted Reproductive Technology and Surrogacy Board for oversight. - [Source Reference]
• Keyword: Surrogacy Clinics - The rules impose regulations on surrogacy clinics to ensure ethical practices. - [Source Reference]
• Keyword: Prohibition of Commercial Surrogacy - The Act strictly prohibits commercial surrogacy, emphasizing altruism. - [Source Reference]
• Keyword: Legal Framework - The rules provide a comprehensive legal framework for surrogacy in India. - [Source Reference]
• Keyword: Parental Rights - The rules address issues related to the legal parentage of children born through surrogacy. - [Source Reference]
• Keyword: Public Awareness - The rules aim to promote public awareness regarding the ethical aspects of surrogacy. - [Source Reference]
• Keyword: Compliance - ART facilities must comply with the regulations to operate legally. - [Source Reference]
• Keyword: Surrogate Mother - The rules define the rights and responsibilities of surrogate mothers clearly. - [Source Reference]
• Keyword: Legislative Intent - The rules reflect the legislative intent to protect vulnerable parties in surrogacy arrangements. - [Source Reference]
• Keyword: Future Amendments - The rules are subject to amendments to adapt to evolving societal norms and medical practices. - [Source Reference]

R.1 Short title and commencement

(1) These rules may be called the Surrogacy (Regulation) Rules, 2022.

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

R.2 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) words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

Legal Commentary on Surrogacy (Regulation) Rules, 2022 - R.2

Introduction

The Surrogacy (Regulation) Rules, 2022, were enacted to provide a regulatory framework for surrogacy practices in India, following the Surrogacy (Regulation) Act, 2021. These rules aim to ensure ethical practices, protect the rights of surrogate mothers, and regulate the use of assisted reproductive technology (ART).

What does Section Says

Rule 2 of the Surrogacy (Regulation) Rules, 2022 outlines the applicability and commencement of the rules. It specifies that these rules shall come into force upon their publication in the official Gazette.

Essential Ingredients

• Title and Citation: The rules are officially titled the Surrogacy (Regulation) Rules, 2022.
• Commencement: The rules become effective from the date of their publication in the official Gazette.

Scope of Section

The scope of Rule 2 encompasses the formal introduction of the rules, establishing their legal standing and operational timeline. It sets the stage for subsequent provisions that detail the regulatory framework for surrogacy.

Punishment for Section

Rule 2 does not specify any punishments; however, violations of the overarching Surrogacy (Regulation) Act, 2021, which these rules support, may incur penalties, including imprisonment and fines.

Legal Comments

• Keyword - Introduction of Rules - The Surrogacy (Regulation) Rules, 2022 were established to regulate surrogacy practices in India, ensuring ethical standards and protection for all parties involved. - [Source Reference]
• Keyword - Effective Date - The rules come into effect upon their publication in the official Gazette, marking their legal enforceability. - [Source Reference]
• Keyword - Regulatory Framework - These rules are part of a broader regulatory framework aimed at controlling and supervising ART facilities and surrogacy practices. - [Source Reference]
• Keyword - Altruistic Surrogacy - The rules support altruistic surrogacy, prohibiting commercial surrogacy to prevent exploitation. - [Source Reference]
• Keyword - Consent Requirement - The rules emphasize the necessity of obtaining informed consent from surrogate mothers, as specified in Form 2. - [Source Reference]
• Keyword - Protection of Rights - The rules aim to protect the rights of surrogate mothers and children born through surrogacy, ensuring ethical practices. - [Source Reference]
• Keyword - Medical Indications - The rules stipulate that surrogacy is permitted only for couples with medical indications necessitating gestational surrogacy. - [Source Reference]
• Keyword - Registration of Clinics - The rules provide guidelines for the registration and operation of surrogacy clinics, ensuring compliance with legal standards. - [Source Reference]
• Keyword - Ethical Practices - The rules are designed to curb unethical behaviors, including sex selection and exploitation of surrogate mothers. - [Source Reference]
• Keyword - Modification of Rules - The rules were modified to allow married couples to use donor eggs or sperm, reflecting evolving societal norms. - [Source Reference]
• Keyword - Penalties for Violations - While Rule 2 does not specify penalties, violations of the Surrogacy (Regulation) Act can lead to significant legal consequences. - [Source Reference]
• Keyword - Legislative Intent - The legislative intent behind the rules is to create a safe and regulated environment for surrogacy, balancing the interests of all stakeholders. - [Source Reference]
• Keyword - Surrogacy Clinics - The rules outline the requirements for surrogacy clinics, including registration and operational guidelines. - [Source Reference]
• Keyword - Surrogate Mother’s Rights - The rules reinforce the rights of surrogate mothers, ensuring they are not exploited during the surrogacy process. - [Source Reference]
• Keyword - Government Oversight - The rules establish a framework for government oversight of surrogacy practices to prevent abuse and ensure compliance. - [Source Reference]
• Keyword - Public Awareness - The rules aim to enhance public awareness regarding the ethical and legal aspects of surrogacy. - [Source Reference]
• Keyword - Compliance Mechanism - The rules provide a compliance mechanism for ART facilities and surrogacy clinics to adhere to legal standards. - [Source Reference]
• Keyword - Future Amendments - The rules may be subject to future amendments to address emerging issues in surrogacy practices. - [Source Reference]
• Keyword - Societal Impact - The implementation of these rules is expected to have a significant impact on societal attitudes towards surrogacy and reproductive rights. - [Source Reference]

R.3 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.

R.4 .

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

Legal Commentary on Surrogacy (Regulation) Rules, 2022 - R.4

Introduction

The Surrogacy (Regulation) Rules, 2022, were enacted to regulate surrogacy practices in India, ensuring ethical standards and protecting the rights of surrogate mothers and children born through surrogacy. Rule 4 specifically addresses the requirements and responsibilities of intending couples and surrogate mothers.

What does Section Says

Rule 4 outlines the obligations of intending couples regarding health insurance for surrogate mothers, ensuring their well-being during the surrogacy process.

Essential Ingredients

• Health Insurance Requirement: Intending couples must purchase health insurance for the surrogate mother.
• Coverage Duration: The insurance must cover a period of thirty-six months.
• Compliance Verification: The appropriate authority must verify compliance with these requirements.

Scope of Section

Rule 4 applies to all intending couples engaging in surrogacy arrangements, mandating them to secure health insurance for the surrogate mother to safeguard her health and financial security during and after the pregnancy.

Punishment for Section

While Rule 4 itself does not specify punishments, violations related to surrogacy regulations can lead to penalties under the broader Surrogacy (Regulation) Act, which includes imprisonment and fines for non-compliance.

Legal Comments

• Health Insurance - Rule 4 mandates that intending couples must secure health insurance for the surrogate mother, ensuring her health is prioritized during the surrogacy process. - [Source Reference]
• Duration of Coverage - The health insurance must cover a minimum duration of thirty-six months, reflecting the commitment to the surrogate's well-being. - [Source Reference]
• Verification Process - The appropriate authority is tasked with verifying compliance, which adds a layer of accountability to the surrogacy process. - [Source Reference]
• Protection of Surrogate Mothers - The rule aims to protect surrogate mothers from financial and health-related risks associated with pregnancy. - [Source Reference]
• Intending Couples' Responsibility - It places a clear responsibility on intending couples to ensure the surrogate's health insurance is in place, promoting ethical practices. - [Source Reference]
• Regulatory Framework - This rule is part of a broader regulatory framework aimed at curbing unethical practices in surrogacy, such as exploitation. - [Source Reference]
• Impact on Surrogacy Practices - By enforcing health insurance, the rule may deter potential exploitation of surrogate mothers, fostering a more ethical surrogacy environment. - [Source Reference]
• Legal Compliance - Non-compliance with Rule 4 could lead to scrutiny from regulatory authorities, emphasizing the importance of adherence to the law. - [Source Reference]
• Surrogate Rights - The rule reinforces the rights of surrogate mothers by ensuring they have access to necessary health care during the surrogacy process. - [Source Reference]
• Commercial Surrogacy Ban - The overarching Act prohibits commercial surrogacy, and Rule 4 complements this by ensuring that surrogate mothers are not financially exploited. - [Source Reference]
• Amendments and Updates - The Surrogacy (Regulation) Rules have been subject to amendments, reflecting the evolving nature of surrogacy laws in India. - [Source Reference]
• Public Awareness - There is a need for increased public awareness regarding the rights and protections afforded to surrogate mothers under these rules. - [Source Reference]
• Legal Framework - The Surrogacy (Regulation) Rules, including Rule 4, are part of a comprehensive legal framework aimed at regulating assisted reproductive technologies (ART). - [Source Reference]
• Ethical Considerations - The rule addresses ethical considerations in surrogacy, promoting a humane approach to assisted reproduction. - [Source Reference]
• Future Implications - The implementation of Rule 4 may set a precedent for future regulations concerning the health and rights of surrogate mothers. - [Source Reference]
• Judicial Oversight - Courts may play a role in interpreting and enforcing compliance with Rule 4, ensuring that surrogate mothers' rights are upheld. - [Source Reference]
• International Standards - The rule aligns with international standards for the protection of surrogate mothers, reflecting a global trend towards ethical surrogacy practices. - [Source Reference]
• Insurance Industry Role - The requirement for health insurance may lead to increased involvement of the insurance industry in surrogacy arrangements, creating new market opportunities. - [Source Reference]
• Monitoring and Evaluation - Continuous monitoring and evaluation of the implementation of Rule 4 will be essential to assess its effectiveness in protecting surrogate mothers. - [Source Reference]
• Legal Recourse - Surrogate mothers may have legal recourse if their health insurance is not provided as mandated, reinforcing their rights under the law. - [Source Reference]

R.5 Insurance coverage

(1) The intending woman or couple shall purchase a general health insurance coverage in favour of surrogate mother for a period of thirty six months from an insurance company or an agent recognized by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, (41 of 1999) for an amount which is sufficient enough to cover all expenses for all complications arising out of pregnancy and also covering post- partum delivery complications.

(2) The intending couple/woman shall sign an affidavit to be sworn before a Metropolitan Magistrate or a Judicial Magistrate of the first-class giving guarantee as per clause (q) of sub section (1) of section 2 of the Surrogacy (Regulation) Act, (47 of 2021).

R.6 Number of attempts of surrogacy procedure

The number of attempts of any surrogacy procedure on the surrogate mother shall not be more than three times.

R.7 Consent of a surrogate mother

The consent of a surrogate mother shall be as specified in Form 2.

R.8 Number of embryos to be implanted in the uterus of the surrogate mother

The gynaecologist shall transfer one embryo in the uterus of a surrogate mother during a treatment cycle:

Provided that only in special circumstances up to three embryos may be transferred.

R.9 Conditions under which the surrogate mother may be allowed for abortion

The surrogate mother may be allowed for abortion during the process of surrogacy in accordance with the Medical Termination of Pregnancy Act, 1971 (34 of 1971).

R.10 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.

R.11 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.

R.12 Appeal

(1) The surrogacy clinic, or the intending woman, or couple may, within a period of thirty days from the date of receipt of the communication relating to order of rejection of application, suspension or cancellation of registration by the appropriate authority under section 13 and communication relating to rejection of the certificates under section 14, prefer an appeal against such order.

(2) The form of appeal shall be as specified in Form 5.

Legal Commentary on Surrogacy (Regulation) Rules, 2022 - R.12

Introduction

The Surrogacy (Regulation) Rules, 2022, were enacted to regulate surrogacy practices in India, ensuring ethical standards and protecting the rights of surrogate mothers and children born through surrogacy. Rule 12 specifically addresses the health insurance requirements for surrogate mothers, aiming to safeguard their well-being during the surrogacy process.

What does Section Say

Rule 12 mandates that the intending woman or couple must purchase general health insurance coverage for the surrogate mother for a period of thirty-six months. This insurance is intended to cover medical expenses related to the pregnancy and childbirth.

Essential Ingredients

• Health Insurance Requirement: The rule explicitly requires health insurance for surrogate mothers.
• Duration: The insurance must be valid for thirty-six months, covering the entire duration of the surrogacy process.

Scope of Section

The scope of Rule 12 extends to all surrogacy arrangements under the Surrogacy (Regulation) Act, 2021, ensuring that surrogate mothers are financially protected against medical expenses arising from the surrogacy process.

Punishment for Section

While Rule 12 itself does not specify penalties, violations related to the broader provisions of the Surrogacy (Regulation) Act can lead to severe consequences, including imprisonment and fines.

Legal Comments

• Health Insurance - Rule 12 emphasizes the necessity of health insurance for surrogate mothers, reflecting a commitment to their welfare - [Source Reference].
• Protection of Rights - The rule aims to protect the rights of surrogate mothers by ensuring they have access to necessary medical care - [Source Reference].
• Duration of Coverage - The thirty-six-month coverage period is designed to encompass the entire surrogacy process, including prenatal and postnatal care - [Source Reference].
• Commercial Surrogacy Prohibition - The overarching Act prohibits commercial surrogacy, which aligns with the intent of Rule 12 to prevent exploitation - [Source Reference].
• Altruistic Surrogacy - The rules support altruistic surrogacy, ensuring that surrogate mothers are not financially exploited - [Source Reference].
• Medical Termination of Pregnancy - Surrogate mothers may undergo abortion in accordance with the Medical Termination of Pregnancy Act, ensuring their autonomy and health - [Source Reference].
• General Health Insurance - The requirement for general health insurance indicates a shift towards more regulated and ethical surrogacy practices - [Source Reference].
• Legal Framework - Rule 12 is part of a broader legal framework aimed at regulating assisted reproductive technologies and surrogacy in India - [Source Reference].
• Intending Couples - The rule places responsibility on intending couples to ensure the surrogate's health coverage, promoting accountability - [Source Reference].
• Amendments and Updates - The Surrogacy (Regulation) Rules have been amended to adapt to changing societal needs, reflecting the dynamic nature of reproductive laws - [Source Reference].
• Rights of Surrogate Mothers - The rule reinforces the rights of surrogate mothers, ensuring they are not left vulnerable during the surrogacy process - [Source Reference].
• Ethical Standards - By mandating health insurance, the rule sets a standard for ethical practices in surrogacy arrangements - [Source Reference].
• Legal Compliance - Compliance with Rule 12 is essential for the legality of surrogacy arrangements under the Act - [Source Reference].
• Healthcare Access - The rule ensures that surrogate mothers have access to necessary healthcare services, which is crucial for their well-being - [Source Reference].
• Regulatory Oversight - The rule is part of a regulatory framework that aims to oversee and monitor surrogacy practices in India - [Source Reference].
• Public Awareness - The implementation of such rules may enhance public awareness regarding the rights and protections available to surrogate mothers - [Source Reference].
• Future Implications - The establishment of health insurance requirements may influence future legislative measures regarding reproductive health and rights - [Source Reference].
• Legal Accountability - The rule holds intending couples legally accountable for the welfare of the surrogate, promoting ethical responsibility - [Source Reference].
• Cultural Sensitivity - The rule reflects a growing recognition of the need for culturally sensitive approaches to surrogacy in India - [Source Reference].
• Impact on Surrogacy Clinics - Surrogacy clinics must adapt to these regulations, ensuring they facilitate compliance with health insurance requirements - [Source Reference].
• Judicial Scrutiny - The provisions of Rule 12 may be subject to judicial scrutiny, particularly regarding their implementation and effectiveness - [Source Reference].

R.13 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.

R.14 Medical indications necessitating gestational surrogacy

A woman may opt for surrogacy if; -

(a) she has no uterus or missing uterus or abnormal uterus (like hypoplastic uterus or intrauterine adhesions or thin endometrium or small uni-cornuate uterus, T-shaped uterus) or if the uterus is surgically removed due to any medical conditions such as gynaecological cancer;

(b) intended parent or woman who has repeatedly failed to conceive after multiple In vitro fertilization or Intracytoplasmic sperm injection attempts. (Recurrent implantation failure);

(c) multiple pregnancy losses resulting from an unexplained medical reason. unexplained graft rejection due to exaggerated immune response;

(d) any illness that makes it impossible for woman to carry a pregnancy to viability or pregnancy that is life threatening.

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

GEETA NARAYAN, Jt. Secy.

Legal Commentary on SURROGACY (REGULATION) RULES, 2022

Section R.14

Introduction

Section R.14 of the Surrogacy (Regulation) Rules, 2022, pertains to the medical indications and procedural safeguards for surrogacy, including the conditions under which surrogacy is permissible, the role of medical boards, and the guidelines for medical termination and abortion during surrogacy. It aims to regulate the medical aspects of surrogacy to ensure ethical and legal compliance.

What does Section Says

Section R.14 prescribes the medical criteria for surrogacy, including the necessity of medical certification, the role of medical boards, and the conditions under which abortion may be permitted during surrogacy. It emphasizes that surrogacy should be conducted under the supervision of authorized medical authorities, with specific medical indications for proceeding or terminating a surrogate pregnancy.

Essential Ingredients

• Certification of medical fitness of the intending couple and surrogate mother
• Role of Medical Boards in verification and certification
• Conditions for medical termination or abortion during surrogacy
• Requirement for medical guidelines to be followed
• Ensuring that procedures align with the Medical Termination of Pregnancy Act, 1971
• The necessity of medical indications for surrogacy eligibility
• Procedural safeguards to prevent unethical practices
• The role of authorities in issuing medical certificates

Scope of Section

Section R.14 applies to all surrogacy arrangements under the Act, specifically focusing on the medical procedures, certifications, and indications necessary for lawful surrogacy. It covers the medical verification process, the role of Medical Boards, and the circumstances under which a surrogate pregnancy can be terminated, ensuring compliance with medical and legal standards.

Punishment for Section

While the specific punishment provisions for violations under Section R.14 are not explicitly detailed in the Rules, general penalties for contravention of the Surrogacy Act and Rules include imprisonment for up to 10 years and fines up to ₹10 lakh, especially for commercial surrogacy violations [India Code].

Legal Comments

• "Medical Certification" - Section R.14 emphasizes the importance of medical certificates issued by authorized Medical Boards to verify the eligibility and health status of the surrogate and intending couple, ensuring lawful surrogacy. - [Subbulakshmi vs Union of India]
• "Medical Boards" - The role of Medical Boards is crucial in certifying fitness and eligibility, and their verification process is mandated for lawful surrogacy arrangements. The act of certification is a safeguard against unethical practices. - [Subbulakshmi vs Union of India]
• "Medical Indications" - The Rules specify that surrogacy is permissible only under certain medical conditions, which must be certified by the Medical Board, aligning with the Medical Termination of Pregnancy Act, 1971. - [Subbulakshmi vs Union of India]
• "Abortion and Termination" - Section R.14 allows for abortion during surrogacy in accordance with the Medical Termination of Pregnancy Act, 1971, providing procedural safeguards and medical oversight. - [Subbulakshmi vs Union of India]
• "Procedural Safeguards" - The Rules prescribe that all medical procedures, including termination, must adhere to established legal and medical standards to prevent misuse or unethical conduct. - [Subbulakshmi vs Union of India]
• "Role of Authorities" - The appropriate authorities are tasked with issuing medical certificates and overseeing compliance, ensuring the process remains transparent and regulated. - [Subbulakshmi vs Union of India]
• "Medical Guidelines" - Though guidelines are issued by authorities, they are not legally sanctified unless notified, highlighting the importance of formal notification for legal enforceability. - [Subbulakshmi vs Union of India]
• "Legal Sanction of Forms" - Forms such as Form 17 and 17(B), although prescribed in draft rules, lack legal sanctity unless notified, which impacts the validity of certifications issued based on these forms. - [Subbulakshmi vs Union of India]
• "Implementation and Supervision" - The Rules envisage supervision by district and state authorities, including Medical Boards, to ensure compliance with medical and legal standards. - [Subbulakshmi vs Union of India]
• "Punishment for Violations" - Violations related to medical certification, unauthorized abortions, or unethical practices can attract penalties up to 10 years imprisonment and fines, aligning with the overarching penalties under the Act. - [India Code]
• "Protection of Rights" - The Rules aim to balance medical safety with the rights of surrogate mothers and intending couples, ensuring procedures do not violate fundamental rights. - [Subbulakshmi vs Union of India]
• "Limitations and Gaps" - The non-notification of certain forms and guidelines may create gaps in enforceability, emphasizing the need for formal notification to give legal sanctity to procedural documents. - [Subbulakshmi vs Union of India]
• "Safeguarding Ethical Practices" - The emphasis on medical certification and oversight seeks to prevent unethical practices like sex selection or unauthorized termination, aligning with the Act’s objectives. - [Subbulakshmi vs Union of India]
• "Legal Consistency" - Administrative instructions and guidelines issued must be consistent with statutory provisions to prevent legal conflicts, as reinforced by Supreme Court precedents. - [Subbulakshmi vs Union of India]
• "Implementation Challenges" - The practical implementation depends on the proper functioning of Medical Boards and authorities, highlighting the importance of clear, notified procedures. - [Subbulakshmi vs Union of India]
• "Overall Objective" - The overarching aim of Section R.14 and related rules is to promote ethical, safe, and lawful surrogacy practices, minimizing exploitation and ensuring compliance with medical and legal standards. - [Subbulakshmi vs Union of India]

Note: The penalties and detailed procedural aspects are derived from the general provisions of the Surrogacy Act and Rules, as specific punishment clauses for Section R.14 are not explicitly detailed in the provided sources.

Sch.I See rules 3 (1)

Part 1

(1) Staff of surrogacy clinics.- Surrogacy clinics shall have at least one gynaecologist, one anesthetist, one embryologist and one counselor. The clinic may employ additional staff by the Assisted Reproductive Technology Level 2 clinics; normally Director, Andrologist and shall appoint such staff as may be necessary to assist the clinic into day-to-day work.

(2) Qualification for doctors and other staff in surrogacy clinics.- The qualification of staff in surrogacy clinics shall be as under:

(a) Gyanecologist: The gyanecologist shall be a medical post-graduate in gyanecology and obstetrics and should have record of performing 50 ovum pickup procedures and at least three years of working experience in an ART clinic under supervision of a trained ART specialist (In the case of gynecologists practicing ART or IVF and are working in ART clinics before the commencement of this Act a post graduat

Form.1 See rule 4