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Core Purpose

The Central Government issues the Surrogacy (Regulation) Amendment Rules, 2026, to further amend the Surrogacy (Regulation) Rules, 2022.

Detailed Summary

The Ministry of Health and Family Welfare (Department of Health Research) issued G.S.R. 492(E) on June 17, 2026, publishing the Surrogacy (Regulation) Amendment Rules, 2026, under section 50 of the Surrogacy (Regulation) Act, 2021 (47 of 2021). These rules amend the Surrogacy (Regulation) Rules, 2022. The Central Government considered public objections and suggestions after publishing a draft (G.S.R. 872(E) on November 27, 2025). The amendments insert new rules 10A and 11A into the 2022 Rules. Rule 10A specifies that the registration fee for surrogacy clinics must be deposited in a bank account of the appropriate authority and utilized for implementing the Act and rules. Rule 11A details the renewal process for a clinic's certificate of registration under sub-section (3) of section 12. Applications for renewal, made in Form 3 via the National Registry portal, must be submitted at least sixty days before expiry, accompanied by a non-refundable fee of one lakh rupees. A late application incurs a fee of two lakh rupees, except for Government-run institutes which are exempt. The appropriate authority, after inspection, must decide on renewal within sixty days, issuing a renewed certificate in Form 4, valid for three years, or rejecting the application with written reasons and an opportunity to be heard. Intimation of renewal or rejection is sent to the State Board. The original Surrogacy (Regulation) Rules, 2022 (G.S.R. 460 (E) dated June 21, 2022) have been previously amended by G.S.R. 772 (E) dated October 10, 2022, G.S.R. 179 (E) dated March 14, 2023, G.S.R. 415 (E) dated June 8, 2023, G.S.R. 494 (E) dated July 11, 2023, and G.S.R. 119 (E) dated February 21, 2024.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-18062026-273573 EXTRAORDINARY PART IIโ€”Section 3โ€”Sub-section (i) PUBLISHED BY AUTHORITY No. 441] NEW DELHI, WEDNESDAY, JUNE 17, 2026/JYAISTHA 27, 1948 MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health Research) NOTIFICATION New Delhi, the 17th June, 2026 G.S.R.492(E). โ€” Whereas a draft of certain rules further to amend the Surrogacy (Regulation) Rules, 2022 were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 872(E), dated the 27th November, 2025 as required by sub-section (1) of section 50 of the Surrogacy (Regulation) Act, 2021 (47 of 2021), inviting objections and suggestions from all person likely to be affected thereby before the expiry of a period of thirty days from the date on which the copies of the Official Gazette containing the said notification was published were made available to public, And whereas, copies of the said Official Gazette were made available to the public on the 27th November, 2025; And whereas, objections and suggestions received from the public on the said draft rules have been considered by the Central Government; Now, therefore, 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 further to amend the Surrogacy (Regulation) Rules, 2022, namely: - 1. (1) These rules may be called the Surrogacy (Regulation) Amendment Rules, 2026. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Surrogacy (Regulation) Rules, 2022,- (a) After rule 10, the following rule shall be inserted, namely: "10A. Mode of payment of registration fee and its utilisation.-The fee for registration of surrogacy clinic shall be deposited in a bank account opened in the name of the official designation of the appropriate authority concerned and shall be utilised by the appropriate authority in connection with the activities connected with implementation of the provisions of the Act and rules made thereunder."; (b) after rule 11, the following rule shall be inserted, namely:- "11A. Manner of renewal of certificate of registration and fee for renewal of registration of clinic under sub- section (3) of section 12.-(1) An application for renewal of a certificate of registration shall be made by surrogacy clinics in Form 3 to the appropriate authority through the National Registry portal, at least sixty days before the date of expiry of such certificate of registration. (2) Every application for renewal of registration under sub-rule (1) shall be accompanied with a non- refundable fee of one lakh rupees for surrogacy clinics. (3) Where an application for renewal of any surrogacy clinic is not received within a period of sixty days before the date of expiry of its certificate of registration, application fee of two lakh rupees as applicable in case of initial registration shall be required to be paid: Provided that establishments in the Government-run institutes need not pay any fee for the renewal of certificate of registration. (4) After submission of the online application for renewal of certificate of registration on the National Registry portal, a PDF printout of the filled-in application form, duly signed by the authorised signatory on behalf of the clinic, shall be submitted to the appropriate authority of the respective State Government or Union territory Administration and the application for renewal shall be considered only from the date the prescribed fee, along with the PDF copy of the application, is received by the appropriate authority. (5) The fee for renewal of certificate of registration shall be deposited in a bank account opened in the name of the official designation of the appropriate authority concerned and shall be utilised by the appropriate authority in connection with the activities connected with implementation of the provisions of the Act and rules made thereunder. (6) On receipt of the application for renewal of certificate of registration, the appropriate authority shall within a period of sixty days,- (a) after inspection and satisfying itself that the applicant has complied with all the requirements prescribed under the Act and rules made thereunder, renew the certificate of registration of the clinic as specified in Form 4, subject to the provisions of the Act and the rules and regulations made thereunder; or (b) reject such application for reasons to be recorded in writing, if that application does not conform to the provisions of the Act or the rules or regulations made thereunder: Provided that no application for renewal of registration shall be rejected without giving an opportunity of being heard to the applicant. (7) If an application for renewal of registration of any Surrogacy clinic is rejected by the appropriate authority, no fee shall be required to be paid for re-submission of the renewal application by the applicant for the same clinic, if it complies with the provisions of the Act, or the rules or regulations made thereunder, as the case may be. (8) The intimation with regard to renewal of certificate of registration or rejection of application for such renewal shall be made to the State Board. (9) The renewed certificate of registration shall be displayed by the surrogacy clinic at a conspicuous place at its place of business. (10) The renewal of certificate of registration shall be valid for a further period of three years from the date of expiry of the certificate of registration earlier granted.". [F.No. U. 11019/15/2022-HR(Pt.)] RICHA KHODA, Jt. Secy. Note: The Surrogacy (Regulation) Rules, 2022 were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 460 (E), dated the 21st June, 2022 and subsequently amended vide numbers G.S.R. 772 (E), dated the 10th October, 2022, G.S.R. 179 (E), dated the 14th March, 2023, G.S.R. 415 (E), dated the 8th June, 2023, G.S.R. 494 (E), dated the 11th July, 2023 and G.S.R. 119 (E), dated the 21st February, 2024.

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