Vidhi Codex

The Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021

Health202154 sections8 chapters

The Surrogacy (Regulation) Act, 2021, governs the practice of surrogacy in India to stop unethical exploitation and commercialization. It strictly prohibits commercial surrogacy, allowing only "altruistic" arrangements where no money is paid to the surrogate except for medical expenses and insurance coverage. The law applies to married Indian couples with medical needs and specific single women, while requiring surrogate mothers to be married with their own biological children. This matters because it protects surrogate mothers from abuse, prevents child abandonment, and legally ensures surrogacy children receive the same rights as biological offspring. Additionally, it provides oversight for clinic registration.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II REGULATION OF SURROGACY CLINICS →

  1. 3Prohibition and regulation of surrogacy clinics.

Chapter III REGULATION OF SURROGACY AND SURROGACY PROCEDURES →

  1. 4Regulation of surrogacy and surrogacy procedures.
  2. 5Prohibition of conducting surrogacy.
  3. 6Written informed consent of surrogate mother.
  4. 7Prohibition to abandon child born through surrogacy.
  5. 8Rights of surrogate child.
  6. 9Number of oocytes or human embryos to be implanted.
  7. 10Prohibition of abortion.

Chapter IV REGISTRATION OF SURROGACY CLINICS →

  1. 11Registration of surrogacy clinics.
  2. 12Certificate of registration.
  3. 13Cancellation or suspension of registration .
  4. 14Appeal.
  5. 15Establishment of National Assisted Reproductive Technology and Surrogacy Registry.
  6. 16Application 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 →

  1. 17Constitution of National Assisted Reproductive Technology and Surrogacy Board.
  2. 18Term of office of Members.
  3. 19Meetings of Board.
  4. 20Vacancies, etc., not to invalidate proceedings of Board.
  5. 21Disqualifications for appointment as Member.
  6. 22Temporary association of persons with Board for particular purposes.
  7. 23Authentication of orders and other instruments of Board.
  8. 24Eligibility of Member for re-appointment.
  9. 25Functions of Board.
  10. 26Constitution of State Assisted Reproductive Technology and Surrogacy Board.
  11. 27Composition of State Board.
  12. 28Term of office of members.
  13. 29Meetings of State Board.
  14. 30Vacancies, etc., not to invalidate proceedings of State Board.
  15. 31Disqualifications for appointment as member.
  16. 32Temporary association of persons with State Board for particular purposes.
  17. 33Authentication of orders and other instruments of State Board.
  18. 34Eligibility of member for re-appointment.

Chapter VI APPROPRIATE AUTHORITY →

  1. 35Appointment of appropriate authority.
  2. 36Functions of appropriate authority.
  3. 37Powers of appropriate authorities.

Chapter VII OFFENCES AND PENALTIES →

  1. 38Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy.
  2. 39Punishment for contravention of provisions of Act.
  3. 40Punishment for not following altruistic surrogacy.
  4. 41Penalty for contravention of provisions of Act or rules for which no specific punishment is provided.
  5. 42Presumption in the case of surrogacy.
  6. 43Offence to be cognizable, non-baliable and non-compoundable.
  7. 44Cognizance of offences.
  8. 45Certain provisions of Code of Criminal Procedure, 1973 not to apply.

Chapter VIII MISCELLANEOUS →

  1. 46Maintenance of records.
  2. 47Power to search and seize records, etc.
  3. 48Protection of action taken in good faith.
  4. 49Application of other laws not barred.
  5. 50Power to make rules.
  6. 51Power to make regulations.
  7. 52Rules and regulations to be laid before Parliament.
  8. 53Transitional provision.
  9. 54Power to remove difficulties.

PDF: pending for this language.