Act Number: 47

Act Name: The Surrogacy (Regulation) Act, 2021

Year: 2021

Enactment Date: 2021-12-25

Long Title: 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: Ministry of Health and Family Welfare

Department: Department of Health Research

Section 6: Written informed consent of surrogate mother.
    (1) No person shall seek or conduct surrogacy procedures unless he has—
        (i) explained all known side effects and after effects of such procedures to the surrogate mother concerned; and
        (ii) obtained in the prescribed form, the written informed consent of the surrogate mother to undergo such procedures in the language she understands.
    (2) Notwithstanding anything contained in sub-section (1), the surrogate mother shall have an option to withdraw her consent for surrogacy before the implantation of human embryo in her womb.
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