Surrogacy Regulations, 2023

 

[05th April 2023]

In exercise of the powers conferred by section 51 of the Surrogacy (Regulation) Act, 2021 (47 of 2021), the National Assisted Reproductive Technology and Surrogacy Board (National Board) hereby makes the following regulations, namely:-

Regulation - 1. Short title and commencement

(1)     These regulations may be called the Surrogacy Regulations, 2023.

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

Regulation - 2. The fulfillment of other condition under which eligibility certificate to be issued by the appropriate authority under sub-clause (c) of clause (iii) of section 4

If the appropriate authority is of opinion that the eligibility condition for surrogacy other than those mentioned in the Act, the same may be sent to the National Board for consideration and approval before issuing the eligibility certificate.

Regulation - 3. The time and place of the meeting of the National Board and the procedure to be followed for the transaction of business at such meeting and the number of Members which shall form the quorum under subsection (1) of section 19

(1)     The National Board shall meet at least once in six months and fifty percent of the members shall constitute the quorum.

(2)     If there is no quorum at any meeting of the National Board, the meeting shall be adjourned and the business of such adjourned meeting shall be transacted in the meeting which may be scheduled after two hours, but not beyond seven days, irrespective of there being a quorum or not.

(3)     The meeting of the National Board may conduct virtually or physically on such date, place and venue as decided by the Chairperson of the Board.

(4)     (a) The Member Secretary of the National Board shall issue notice of every meeting of the National Board to every Member of the Board not less than fifteen days before the date of meeting.

(b) The Member Secretary shall issue, with the notice of the meeting an agenda emphasising the business to be brought before the National Board in the scheduled meeting:

Provided that in exceptional circumstance, the Chairperson of the National Board may dispense with the requirement of notice before the specified period for meeting of the Board.

(5)     A Member who desires to move any motion not included in the agenda so circulated by the Member Secretary of the National Board shall give notice for inclusion of the same at least seven days before the meeting.

Regulation - 4. The manner in which a person may be temporarily associated with the National Board under sub-section (1) of section 22

The National Board may co-opt a person to attend any meeting, or to temporarily associate with the National Board as per the requirement.

Regulation - 5. The time and place of the meetings of the State Board and the procedure to be followed for the transaction of business at such meetings and the number of Members which shall form the quorum under sub-section (1) of section 29

(1)     The State Board shall meet at least once in six months and fifty percent of the members shall constitute the quorum.

(2)     If there is no quorum at any meeting of the State Board, the meeting shall be adjourned and the business of such adjourned meeting shall be transacted in the meeting, which may be scheduled after two hours, but not beyond of seven days, irrespective of there being a quorum or not.

(3)     The meeting of the State Board may conduct virtually or physically on such date, place and venue as decided by the Chairperson of the Board.

(4)     (a) The Member Secretary of the State Board shall issue notice of every meeting of the State Board to every Member of the Board not less than fifteen days before the date of meeting.

(b) The Member Secretary shall issue, with the notice of the meeting an agenda containing the business to be brought before the State Board in the scheduled meeting:

Provided that in exceptional circumstance, the Chairperson of the State Board may dispense with the requirement of notice before the prescribed period for meeting of the Board.

(5)     A Member who desires to move any motion not included in the agenda so circulated by the Member Secretary of the State Board, shall give notice for inclusion of the same at least seven days before the meeting.

Regulation - 6. The manner in which a person may be temporarily associated with the State Board under sub-section (1) of section 32

The State Board may co-opt a person to attend any meeting or to temporarily associate with the State Board as per the requirement.