Act 47 of 2021

The Surrogacy (Regulation) Act, 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.

  • Ministry of Health and Family Welfare
  • Department of Health Research
  • Enacted 2021-12-25
  • 54 sections
SectionTitle
1 Short title, extent and commencement.Read
2 Definitions.Read
3 Prohibition and regulation of surrogacy clinics.Read
4 Regulation of surrogacy and surrogacy procedures.Read
5 Prohibition of conducting surrogacy.Read
6 Written informed consent of surrogate mother.Read
7 Prohibition to abandon child born through surrogacy.Read
8 Rights of surrogate child.Read
9 Number of oocytes or human embryos to be implanted.Read
10 Prohibition of abortion.Read
11 Registration of surrogacy clinics.Read
12 Certificate of registration.Read
13 Cancellation or suspension of registration .Read
14 Appeal.Read
15 Establishment of National Assisted Reproductive Technology and Surrogacy Registry.Read
16 Application of provisions of Assisted Reproductive Technology Act with respect to National Registry.Read
17 Constitution of National Assisted Reproductive Technology and Surrogacy Board.Read
18 Term of office of Members.Read
19 Meetings of Board.Read
20 Vacancies, etc., not to invalidate proceedings of Board.Read
21 Disqualifications for appointment as Member.Read
22 Temporary association of persons with Board for particular purposes.Read
23 Authentication of orders and other instruments of Board.Read
24 Eligibility of Member for re-appointment.Read
25 Functions of Board.Read
26 Constitution of State Assisted Reproductive Technology and Surrogacy Board.Read
27 Composition of State Board.Read
28 Term of office of members.Read
29 Meetings of State Board.Read
30 Vacancies, etc., not to invalidate proceedings of State Board.Read
31 Disqualifications for appointment as member.Read
32 Temporary association of persons with State Board for particular purposes.Read
33 Authentication of orders and other instruments of State Board.Read
34 Eligibility of member for re-appointment.Read
35 Appointment of appropriate authority.Read
36 Functions of appropriate authority.Read
37 Powers of appropriate authorities.Read
38 Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy.Read
39 Punishment for contravention of provisions of Act.Read
40 Punishment for not following altruistic surrogacy.Read
41 Penalty for contravention of provisions of Act or rules for which no specific punishment is provided.Read
42 Presumption in the case of surrogacy.Read
43 Offence to be cognizable, non-baliable and non-compoundable.Read
44 Cognizance of offences.Read
45 Certain provisions of Code of Criminal Procedure, 1973 not to apply.Read
46 Maintenance of records.Read
47 Power to search and seize records, etc.Read
48 Protection of action taken in good faith.Read
49 Application of other laws not barred.Read
50 Power to make rules.Read
51 Power to make regulations.Read
52 Rules and regulations to be laid before Parliament.Read
53 Transitional provision.Read
54 Power to remove difficulties.Read
Scroll to Top