Clause (f) of section 27 of the Surrogacy (Regulation) Act, 2021 : State Assisted Reproductive Technology and Surrogacy Board (Appointment of Expert Members) Rules, 2022

(Department of Health Research) 

NOTIFICATION

New Delhi, the 17th June, 2022

G.S.R. 457(E).—In exercise of the powers conferred by clauses (u), (v) and (x) of sub-section (2) of section 50 of the Surrogacy (Regulation) Act, 2021 (47 of 2021) read with section 6 of the Assisted Reproductive Technology (Regulation) Act, 2021 (42 of 2021), the Central Government hereby makes the following rules, namely:-

1. Short title and commencement. – (1) These rules may be called the State Assisted Reproductive Technology and Surrogacy Board (Appointment of Expert Members) Rules, 2022.

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

2. Manner of appointment of Expert Members under clause (f) of section 27 of the Surrogacy (Regulation) Act, 2021 in States and Union Territories. – Subject to the provisions of the Act and these rules, the State Government and Union territory may draw its own mechanism for appointment of Expert Members in the State Assisted Reproductive Technology and Surrogacy Board.

3. Qualification and experience for Expert Members. – The Members referred to in clause (f) of Section 27 of the Surrogacy (Regulation) Act, 2021 shall possess the following qualification and experience, namely: –

(i) the Medical Geneticist shall possess Doctorate of Medicine or Diplomate in National Board in Medical Genetics recognized by the National Medical Commission Act, 2019 (30 of 2019), having experience of not less than five years in such field;

(ii) the Embryologists shall possess post-graduate medical qualification or doctoral degree in the field of embryology or clinical embryology from a recognized university having experience of not less than five years in such field;

(iii) the Gynaecologist and Obstetrician shall possess post-graduate medical qualification in Obstetrics and Gynaecology recognized by the National Medical Commission Act, 2019 (30 of 2019), having experience of not less than five years in such field;

(iv) the Social Scientist shall possess graduate qualification in any discipline or preferably a post- graduate qualification in social science from a recognized University, having experience of not less than five years in such field;

(v) the representative of Women Welfare organization shall possess graduate qualification in any discipline from a recognized University, working for the welfare of women for not less than five years;

(vi) the representative from civil society working on women’s health and child issues shall possess graduate qualification in any discipline from a recognized University, working on women’s health and child issues for not less than five years.

4. Age limit. – A person shall not be eligible to be appointed as an Expert Member if he or she has attained the age of sixty-five years at the time of appointment.

5. Re-appointment of Members. – Subject to rule 4, the Member referred to in clause (f) of section 27 of the Surrogacy (Regulation) Act, 2021, shall be eligible for re-appointment for another term.