Section 40:
Punishment for not following altruistic surrogacy.
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