The Ministry of Health and Family Welfare on 4th August 2022, has notified the Assisted Reproductive Technology (Regulation) and Surrogacy (Regulation) (Removal of Difficulties) Order, 2022, which shall come into force from 25th July 2022.
As per the order the Assisted Reproductive Technology clinics, Assisted Reproductive Technology banks and Surrogacy clinics, falling under the jurisdiction of the 17 States as notified, are allowed to conduct counselling or procedures pertaining to Assisted Reproductive Technology and Surrogacy beyond 24.07.2022 and up to a maximum period of 3 months ( i.e. up to 24.10.2022).
As per section 15(3) of Assisted Reproductive Technology (Regulation) Act, 2021 and sub-section (3) of section 11 of the Surrogacy (Regulation) Act, 2021 provides that clinics and banks, conducting procedures relating to Assisted Reproductive Technology and/or Surrogacy, shall cease to conduct any such counselling or procedures on the expiry of six months (i.e. 24.07.2022) from the date of commencement ( i.e. 25.01.2022) of these aforesaid Acts, unless such clinics and banks have applied for registration and is so registered separately or till such application is disposed of, whichever is earlier. The State Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate assisted reproductive technology and surrogacy authorities for the whole or any part of the State for the purposes of these aforesaid Acts;
However, it has been reported that 17 State Governments have not constituted such Appropriate Authorities and because of this, difficulties have arisen which may adversely affect the conducting of the counselling or procedures related to Assisted Reproductive Technology and Surrogacy being conducted by clinics or banks falling under the respective jurisdictions of these 17 States.
Therefore, the ministry through this order has directed all the surrogacy and reproductive technology banks to conduct counselling or procedures pertaining to Assisted Reproductive Technology and Surrogacy beyond 24.07.2022 and up to a maximum period of 3 months.