The Surrogacy (Regulation) Act, 2021
Central Act · Act 47 of 202154 provisions2 citing judgments
The enactment
| 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. |
|---|---|
| Type | Act |
| Citation | Act 47 of 2021 |
| Year | 2021 |
| Jurisdiction | Central |
| Ministry | Ministry of Health and Family Welfare |
| Status | In force as published by the source |
| Provisions published | 54 |
| Subjects | health, education, social |
Full text, provision by provision
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- Section 1 Short title, extent and commencement.
- Section 2 Definitions.
- Section 3 Prohibition and regulation of surrogacy clinics.
- Section 4 Regulation of surrogacy and surrogacy procedures.1 citing judgment
- Section 5 Prohibition of conducting surrogacy.
- Section 6 Written informed consent of surrogate mother.
- Section 7 Prohibition to abandon child born through surrogacy.
- Section 8 Rights of surrogate child.
- Section 9 Number of oocytes or human embryos to be implanted.
- Section 10 Prohibition of abortion.
- Section 11 Registration of surrogacy clinics.
- Section 12 Certificate of registration.
- Section 13 Cancellation or suspension of registration .
- Section 14 Appeal.
- Section 15 Establishment of National Assisted Reproductive Technology and Surrogacy Registry.
- Section 16 Application of provisions of Assisted Reproductive Technology Act with respect to National Registry.
- Section 17 Constitution of National Assisted Reproductive Technology and Surrogacy Board.
- Section 18 Term of office of Members.
- Section 19 Meetings of Board.
- Section 20 Vacancies, etc., not to invalidate proceedings of Board.
- Section 21 Disqualifications for appointment as Member.
- Section 22 Temporary association of persons with Board for particular purposes.
- Section 23 Authentication of orders and other instruments of Board.
- Section 24 Eligibility of Member for re-appointment.
- Section 25 Functions of Board.
- Section 26 Constitution of State Assisted Reproductive Technology and Surrogacy Board.
- Section 27 Composition of State Board.
- Section 28 Term of office of members.
- Section 29 Meetings of State Board.
- Section 30 Vacancies, etc., not to invalidate proceedings of State Board.
- Section 31 Disqualifications for appointment as member.
- Section 32 Temporary association of persons with State Board for particular purposes.
- Section 33 Authentication of orders and other instruments of State Board.
- Section 34 Eligibility of member for re-appointment.
- Section 35 Appointment of appropriate authority.1 citing judgment
- Section 36 Functions of appropriate authority.
- Section 37 Powers of appropriate authorities.
- Section 38 Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy.
- Section 39 Punishment for contravention of provisions of Act.
- Section 40 Punishment for not following altruistic surrogacy.
- Section 41 Penalty for contravention of provisions of Act or rules for which no specific punishment is provided.
- Section 42 Presumption in the case of surrogacy.
- Section 43 Offence to be cognizable, non-baliable and non-compoundable.
- Section 44 Cognizance of offences.
- Section 45 Certain provisions of Code of Criminal Procedure, 1973 not to apply.
- Section 46 Maintenance of records.
- Section 47 Power to search and seize records, etc.
- Section 48 Protection of action taken in good faith.
- Section 49 Application of other laws not barred.
- Section 50 Power to make rules.
- Section 51 Power to make regulations.
- Section 52 Rules and regulations to be laid before Parliament.
- Section 53 Transitional provision.
- Section 54 Power to remove difficulties.
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