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Bar News Acts League

The Surrogacy (Regulation) Act, 2021

Act ID: 2021

The Surrogacy (Regulation) Act, 2021

"An Act to constitute a National Surrogacy Board to regulate the practice of surrogacy and for matters connected therewith."

Table of Contents

54 Sections

Ch. IP

RELIMINARY

S.1Short title, extent and commencement S.2Definitions S.29Appeal

Ch. IIR

EGULATION OF SURROGACY CLINICS

S.3Prohibition and regulation of surrogacy clinics

Ch. IIIR

EGULATION OF SURROGACY AND SURROGACY PROCEDURES

S.4Regulation of surrogacy and surrogacy procedures S.5Prohibition of conducting surrogacy S.6Written informed consent of surrogate mother S.7Prohibition to abandon child born through surrogacy S.8Rights of surrogate child S.9Number of oocytes or human embryos to be implanted S.10Prohibition of abortion

Ch. IVR

EGISTRATION OF SURROGACY CLINICS

S.11Registration of surrogacy clinics S.12Certificate of registration S.13Cancellation or suspension of registration S.14Appeal S.15Establishment of National Assisted Reproductive Technology and Surrogacy Registry S.16Application of provisions of Assisted Reproductive Technology Act with respect to National Registry

Ch. VN

ATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD AND STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARDS

S.17Constitution of National Assisted Reproductive Technology and Surrogacy Board S.18Term of office of Members S.19Meetings of Board S.20Vacancies, etc., not to invalidate proceedings of Board S.21Disqualifications for appointment as Member S.22Temporary association of persons with Board for particular purposes S.23Authentication of orders and other instruments of Board S.24Eligibility of Member for re-appointment S.25Functions of Board S.26Constitution of State Assisted Reproductive Technology and Surrogacy Board S.27Composition of State Board S.28Term of office of members S.30Meetings of State Board S.31Disqualifications for appointment as member S.32Temporary association of persons with State Board for particular purposes S.33Authentication of orders and other instruments of State Board S.34Eligibility of member for re-appointment

Ch. VIA

PPROPRIATE AUTHORITY

S.35Appointment of appropriate authority S.36Functions of appropriate authority S.37Powers of appropriate authorities

Ch. VIIO

FFENCES AND PENALTIES

S.38Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy S.39Punishment for contravention of provisions of Act S.40Punishment for not following altruistic surrogacy S.41Penalty for contravention of provisions of Act or rules for which no specific punishment is provided S.42Presumption in the case of surrogacy S.43Offence to be cognizable, non-baliable and non-compoundable S.44Cognizance of offences S.45Certain provisions of Code of Criminal Procedure, 1973 not to apply

Ch. VIIIMIS

CELLANEOUS

S.46Maintenance of records S.47Power to search and seize records, etc S.48Protection of action taken in good faith S.49Application of other laws not barred S.50Power to make rules S.51Power to make regulations S.52Rules and regulations to be laid before Parliament S.53Transitional provision S.54Power to remove difficulties