The Surrogacy (Regulation) Act, 2021
| Coming into Force | 25 January 2022 |
| Date | 25 December 2021 |
| Enactment Date | 25 December 2021 |
| Act Number | 47 |
| Record Number | 202147 |
| Court | Ministry of Health and Family Welfare |
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THE SURROGACY (REGULATION) ACT, 2021
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
REGULATION OF SURROGACY CLINICS
3. Prohibition and regulation of surrogacy clinics.
CHAPTER III
REGULATION OF SURROGACY AND SURROGACY PROCEDURES
4. Regulation of surrogacy and surrogacy procedures.
5. Prohibition of conducting surrogacy.
6. Written informed consent of surrogate mother.
7. Prohibition to abandon child born through surrogacy.
8. Rights of surrogate child.
9. Number of oocytes or human embryos to be implanted.
10. Prohibition of abortion.
CHAPTER IV
REGISTRATION OF SURROGACY CLINICS
11. Registration of surrogacy clinics.
12. Certificate of registration.
13. Cancellation or suspension of registration .
14. Appeal.
15. Establishment of National Assisted Reproductive Technology and Surrogacy Registry.
16. Application of provisions of Assisted Reproductive Technology Act with respect to National
Registry.
CHAPTER V
NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD AND STATE ASSISTED
REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARDS
17. Constitution of National Assisted Reproductive Technology and Surrogacy Board.
18. Term of office of Members.
19. Meetings of Board.
20. Vacancies, etc., not to invalidate proceedings of Board.
21. Disqualifications for appointment as Member.
22. Temporary association of persons with Board for particular purposes.
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SECTIONS
23. Authentication of orders and other instruments of Board.
24. Eligibility of Member for re-appointment.
25. Functions of Board.
26. Constitution of State Assisted Reproductive Technology and Surrogacy Board.
27. Composition of State Board.
28. Term of office of members.
29. Meetings of State Board.
30. Vacancies, etc., not to invalidate proceedings of State Board.
31. Disqualifications for appointment as member.
32. Temporary association of persons with State Board for particular purposes.
33. Authentication of orders and other instruments of State Board.
34. Eligibility of member for re-appointment.
CHAPTER VI
APPROPRIATE AUTHORITY
35. Appointment of appropriate authority.
36. Functions of appropriate authority.
37. Powers of appropriate authorities.
CHAPTER VII
OFFENCES AND PENALTIES
38. Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born
through surrogacy.
39. Punishment for contravention of provisions of Act.
40. Punishment for not following altruistic surrogacy.
41. Penalty for contravention of provisions of Act or rules for which no specific punishment is
provided.
42. Presumption in the case of surrogacy.
43. Offence to be cognizable, non-baliable and non-compoundable.
44. Cognizance of offences.
45. Certain provisions of Code of Criminal Procedure, 1973 not to apply.
CHAPTER VIII
MISCELLANEOUS
46. Maintenance of records.
47. Power to search and seize records, etc.
48. Protection of action taken in good faith.
49. Application of other laws not barred.
50. Power to make rules.
51. Power to make regulations.
52. Rules and regulations to be laid before Parliament.
53. Transitional provision.
54. Power to remove difficulties.
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