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The Surrogacy (Regulation) Act, 2021

Central

An Act to constitute National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy and for matters connected therewith or incidental thereto.

Act number
47 of 2021
Ministry
Ministry of Health and Family Welfare
Department
Department of Health Research
Enacted
25 Dec 2021

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

54 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Prohibition and regulation of surrogacy clinics.
  4. Section 4Regulation of surrogacy and surrogacy procedures.
  5. Section 5Prohibition of conducting surrogacy.
  6. Section 6Written informed consent of surrogate mother.
  7. Section 7Prohibition to abandon child born through surrogacy.
  8. Section 8Rights of surrogate child.
  9. Section 9Number of oocytes or human embryos to be implanted.
  10. Section 10Prohibition of abortion.
  11. Section 11Registration of surrogacy clinics.
  12. Section 12Certificate of registration.
  13. Section 13Cancellation or suspension of registration .
  14. Section 14Appeal.
  15. Section 15Establishment of National Assisted Reproductive Technology and Surrogacy Registry.
  16. Section 16Application of provisions of Assisted Reproductive Technology Act with respect to National Registry.
  17. Section 17Constitution of National Assisted Reproductive Technology and Surrogacy Board.
  18. Section 18Term of office of Members.
  19. Section 19Meetings of Board.
  20. Section 20Vacancies, etc., not to invalidate proceedings of Board.
  21. Section 21Disqualifications for appointment as Member.
  22. Section 22Temporary association of persons with Board for particular purposes.
  23. Section 23Authentication of orders and other instruments of Board.
  24. Section 24Eligibility of Member for re-appointment.
  25. Section 25Functions of Board.
  26. Section 26Constitution of State Assisted Reproductive Technology and Surrogacy Board.
  27. Section 27Composition of State Board.
  28. Section 28Term of office of members.
  29. Section 29Meetings of State Board.
  30. Section 30Vacancies, etc., not to invalidate proceedings of State Board.
  31. Section 31Disqualifications for appointment as member.
  32. Section 32Temporary association of persons with State Board for particular purposes.
  33. Section 33Authentication of orders and other instruments of State Board.
  34. Section 34Eligibility of member for re-appointment.
  35. Section 35Appointment of appropriate authority.
  36. Section 36Functions of appropriate authority.
  37. Section 37Powers of appropriate authorities.
  38. Section 38Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy.
  39. Section 39Punishment for contravention of provisions of Act.
  40. Section 40Punishment for not following altruistic surrogacy.
  41. Section 41Penalty for contravention of provisions of Act or rules for which no specific punishment is provided.
  42. Section 42Presumption in the case of surrogacy.
  43. Section 43Offence to be cognizable, non-baliable and non-compoundable.
  44. Section 44Cognizance of offences.
  45. Section 45Certain provisions of Code of Criminal Procedure, 1973 not to apply.
  46. Section 46Maintenance of records.
  47. Section 47Power to search and seize records, etc.
  48. Section 48Protection of action taken in good faith.
  49. Section 49Application of other laws not barred.
  50. Section 50Power to make rules.
  51. Section 51Power to make regulations.
  52. Section 52Rules and regulations to be laid before Parliament.
  53. Section 53Transitional provision.
  54. Section 54Power to remove difficulties.