Section 40
Punishment for not following altruistic surrogacy.
The Surrogacy (Regulation) Act, 2021
About this Act
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.
Any intending couple or intending
woman or any person who seeks the aid of any surrogacy clinic, laboratory or of a registered medical
practitioner, gynaecologist, paediatrician, embryologist or any other person for not following the
altruistic surrogacy or for conducting surrogacy procedures for commercial purposes shall be
punishable with imprisonment for a term which may extend to five years and with fine which may
extend to five lakh rupees for the first offence and for any subsequent offence with imprisonment
which may extend to ten years and with fine which may extend to ten lakh rupees