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In force

The Surrogacy (Regulation) Act, 2021

53 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. I — PRELIMINARY
  3. 1Short title, extent and commencement
  4. VIII — MISCELLANEOUS
  5. 2In the light of above, it had become necessary to enact a legislation to regulate surrogacy services
  6. 3The Surrogacy (Regulation) Bill, 2019, inter alia, provides for the following, namely:
  7. 4The Notes on Clauses explain in detail the various provisions contained in the Surrogacy (Regulation) Bill, 2019
  8. 5The Bill seeks to achieve the above objectives
  9. III — REGULATION OF SURROGACY AND SURROGACY PROCEDURES
  10. 6Written informed consent of surrogate mother
  11. 7Prohibition to abandon child born through surrogacy
  12. 8Rights of surrogate child
  13. 9Number of oocytes or human embryos to be implanted
  14. 10Prohibition of abortion
  15. IV — REGISTRATION OF SURROGACY CLINICS
  16. 11Registration of surrogacy clinics
  17. 12Certificate of registration
  18. 13Cancellation or suspension of registration
  19. 14Appeal
  20. 15Establishment of National Assisted Reproductive Technology and Surrogacy Registry
  21. 16Application of provisions of Assisted Reproductive Technology Act with respect to National Registry
  22. V — NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD AND STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARDS
  23. 17Constitution of National Assisted Reproductive Technology and Surrogacy Board
  24. 18Term of office of Members
  25. 19Meetings of Board
  26. 20Vacancies, etc., not to invalidate proceedings of Board
  27. 21Disqualifications for appointment as Member
  28. 22Temporary association of persons with Board for particular purposes
  29. 23Authentication of orders and other instruments of Board
  30. 24Eligibility of Member for re-appointment
  31. 25Functions of Board
  32. 26Constitution of State Assisted Reproductive Technology and Surrogacy Board
  33. 27Composition of State Board
  34. 29Meetings of State Board
  35. 30Vacancies, etc., not to invalidate proceedings of State Board
  36. 31Disqualifications for appointment as member
  37. 32Temporary association of persons with State Board for particular purposes
  38. 34Eligibility of member for re-appointment
  39. VI — APPROPRIATE AUTHORITY
  40. 35Appointment of appropriate authority
  41. 36Functions of appropriate authority
  42. 37Powers of appropriate authorities
  43. VII — OFFENCES AND PENALTIES
  44. 38Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy
  45. 39Punishment for contravention of provisions of Act
  46. 40Punishment for not following altruistic surrogacy
  47. 41Penalty for contravention of provisions of Act or rules for which no specific punishment is provided
  48. 42Presumption in the case of surrogacy
  49. 43Offence to be cognizable, non-baliable and non-compoundable
  50. 44Cognizance of offences
  51. 45Certain provisions of Code of Criminal Procedure, 1973 not to apply
  52. VIII — MISCELLANEOUS
  53. 46Maintenance of records
  54. 47Power to search and seize records, etc
  55. 48Protection of action taken in good faith
  56. 49Application of other laws not barred
  57. 50Power to make rules
  58. 51Power to make regulations
  59. 52Rules and regulations to be laid before Parliament
  60. 53Transitional provision
  61. 54Power to remove difficulties