Family and Personal Law
The Surrogacy (Regulation) Act, 2021
Act 47 of 2021 · 54 sections
Title, date and preamble
[25th December, 2021.]
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.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II REGULATION OF SURROGACY CLINICS
CHAPTER III REGULATION OF SURROGACY AND SURROGACY PROCEDURES
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
- 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
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