How the new surrogacy rules could boost healthcare industry's growth

In a welcome move that will have a positive impact on the healthcare industry in general and medical tourism industry in particular, the Union Health Ministry has recently notified the Surrogacy (Regulation) Rules, 2022, with provisions on requirement of staff and their qualifications at a registered surrogacy clinic, and the application and other procedures at the surrogacy clinics across the country. Earlier, the Surrogacy (Regulation) Act was notified by the health ministry on December 25, 2021.

The rule emphasises the provisions in the Act, that the surrogacy clinic shall have at least one gynaecologist, one anesthetist, one embryologist and one counsellor and 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. The new Rules also elaborate on the qualification of the staff in these clinics.

A gynaecologist shall be a medical postgraduate in gynaecology and obstetrics and should have a record of performing 50 ovum pick up procedures and at least three years of working experience in an ART clinic under supervision of a trained ART specialist. A medical post-graduate in gynaecology and obstetrics with super specialist doctorate of medicine/fellowship in reproductive medicine with experience not less than three years in an ART clinic shall also be eligible for the post. Obviously, the notification of new Rules will, in the long run, prove to be a big measure in the best interest of surrogate mothers in the country, as the Rules clearly elaborate on the qualification of each and every employee which is not the case till now.

Surrogacy is an arrangement wherein a woman (the surrogate) agrees on carrying and giving birth to a child on behalf of another person or couple (the intended parent/s). The process of surrogacy is complex and lengthy. Today, a majority of couples apart from celebrities opt for surrogacy for various reasons as a woman is unable to become pregnant or carry a pregnancy because she has had a hysterectomy or is missing part of her uterus, ovaries, or other parts of the genital tract, high-risk pregnancy, the same-sex male couple wishes to have a child using the sperm of one or the other partner, a single man wishes to have a child using his sperm.

Earlier, surrogacy was not as popular as Assisted Reproductive Technologies (ARTs). Recently, many celebrities are vocal about it. Infertility, age, certain medications, past trauma, physical problems, career aspirations or being a single woman and inability to conceive are some of the reasons behind surrogacy. Thus, surrogacy involves a woman agreeing to carry a baby for someone else. So, there was an urgent need of regulations in the sector to ensure credibility of these surrogacy clinics.

Naturally, the new Rules will be a big relief to the surrogate mothers, as the Rules state that the number of attempts of any surrogacy procedure on the surrogate mother shall not be more than three times and the consent of a surrogate mother shall be submitted in Form 2, notified in the rule. 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. The surrogate mother may be allowed for abortion during the process of surrogacy in accordance with the he Medical Termination of Pregnancy Act, 1971.

Definitely, the notification of the Surrogacy (Regulation) Rules is a right step by the government as it will ensure smooth surrogacy procedures and restore credibility of surrogacy clinics. It is a welcome move as there are a large number of unauthorized surrogacy clinics and quacks in the nook and corner of the country that exploit patients for the sake of money.

In fact, this new regulation was a long pending issue for this sector of the healthcare industry. There was a need for regulation for the credibility of this industry in the country. So, those who want to opt for surrogacy can go tension-free now without much worry. In fact, the country needs more such regulations in place to ensure smooth surrogacy procedures. Overall, it is a good decision and will surely be a boon for the healthcare industry in general and medical tourism industry in particular.

(The author is freelance journalist with varied experience in different fields)