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The Surrogacy (Regulation) Act, 2021

[Act No. 47 of 2021]

[25th December, 2021.]

Contents
Title Surrogacy (Regulation) Act, 2021
Sections Particulars
Chapter I Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter II Regulation of Surrogacy Clinics
3. Prohibition and regulation of surrogacy clinics
Chapter III Regulation of Surrogacy and Surrogacy Procedures
4. Regulation of Surrogacy and Surrogacy Procedures
5. Prohibition of conducting surrogacy
6. Written informed consent of surrogate mother
7. Prohibition to abandon child born through surrogacy
8. Rights of surrogate child
9. Number of oocytes or human embryos to be implanted
10. Prohibition of abortion
Chapter IV Registration of Surrogacy Clinics
11. Registration of surrogacy clinics
12. Certificate of registration
13. Cancellation or suspension of registration
14. Meetings of Board
15. Establishment of National Assisted Reproductive Technology and Surrogacy Registry
16. Application of provisions of Assisted Reproductive Technology Act with respect to National Registry
Chapter V National Assisted Reproductive Technology and Surrogacy Board and State Assisted Reproductive Technology and Surrogacy Boards
17. Constitution of National Assisted Reproductive Technology and Surrogacy Board
18. Term of office of Members
19. Meetings of Board
20. Vacancies, etc., not to invalidate proceedings of Board
21. Disqualifications for appointment as Member
22. Temporary association of persons with Board for particular purposes
23. Authentication of orders and other instruments of Board
24. Eligibility of Member for re-appointment
25. Functions of Board
26. Constitution of State Assisted Reproductive Technology and Surrogacy Board
27. Composition of State Board.- The State Board shall consist of
28. Term of office of members
29. Meetings of State Board
30. Vacancies, etc., not to invalidate proceedings of State Board
31. Disqualifications for appointment as member
32. Temporary association of persons with State Board for particular purposes
33. Authentication of orders and other instruments of State Board
34. Eligibility of member for re-appointment
Chapter VI Appropriate Authority
35. Appointment of appropriate authority
36. Functions of appropriate authority
37. Powers of appropriate authorities
Chapter VII Offences and Penalties
38. Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy
39. Punishment for contravention of provisions of Act
40. Punishment for not following altruistic surrogacy
41. Penalty for contravention of provisions of Act or rules for which no specific punishment is provided
42. Presumption in the case of surrogacy
43. Offence to be cognizable, non-baliable and non-compoundable
44. Cognizance of offences
45. Certain provisions of Code of Criminal Procedure, 1973 not to apply
Chapter VIII Miscellaneous
46. Maintenance of records
47. Power to search and seize records, etc
48. Protection of action taken in good faith
49. Application of other laws not barred
50. Power to make rules
51. Power to make regulations
52. Rules and regulations to be laid before Parliament
53. Transitional provision
54. Power to remove difficulties


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