Section 42
Presumption in the case of 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.
Notwithstanding anything contained in the Indian
Evidence Act, 1872 (1 of 1872), the court shall presume, unless the contrary is proved, that the
women or surrogate mother was compelled by her husband, the intending couple or any other relative,
as the case may be, to render surrogacy services, procedures or to donate gametes for the purpose
other than those specified in clause (ii) of section 4 and such person shall be liable for abetment of
such offence under section 40 and shall be punishable for the offence specified under that section