Surrogacy (Regulation) Act, 2021 was enacted in the year 2021 and came into force on 25 January 2022. There are VIII chapters and Section 54 Sections in it. Section 2 () defines Surrogacy and Section 35 - Section 36 deals with Appropriate Authority.
Appointment of appropriate authority —
As per Section 35(1) of the Surrogacy (Regulation) Act 2021, The Central Government shall within a period of ninety days from the date of commencement of this Act by notification appoint one or more appropriate authorities for each of the Union territories for the purposes of this Act and the Assisted Reproductive Technology Act.
(2) The State Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate authorities for the whole or any part of the State for the purposes of this Act and the Assisted Reproductive Technology Act.
(3) The appropriate authority, under sub-section (1) or sub-section (2), shall,—
(a) when appointed for the whole of the State or the Union territory, consist of—
(i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare Department--Chairperson, ex officio;
(ii) an officer of or above the rank of the Joint Director of the Health and Family Welfare Department--Vice-Chairperson, ex officio;
(iii) an eminent woman representing women's organization--member;
(iv) an officer of Law Department of the State or the Union territory concerned not below the rank of a Deputy Secretary--member; and
(v) an eminent registered medical practitioner--member: Provided that any vacancy occurring therein shall be filed within one month of the occurrence of such vacancy;
(b) when appointed for any part of the State or the Union territory, be officers of such other rank as the State Government or the Central Government, as the case may be, may deem fit.
Functions of appropriate authority (Section 36) —
As per Section 36 of the said Act the appropriate authority shall discharge the following functions, namely:—
(a) to grant, suspend or cancel the registration of a surrogacy clinic;
(b) to enforce the standards to be fulfilled by the surrogacy clinics;
(c) to investigate complaints of breach of the provisions of this Act, rules and regulations made thereunder and take legal action as per provision of this Act;
(d) to take appropriate legal action against the use of surrogacy by any person at any place other than prescribed, suo motu or brought to its notice, and also to initiate independent investigations in such matter;
(e) to supervise the implementation of the provisions of this Act and rules and regulations made thereunder;
(f) to recommend to the Board and State Boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions;
(g) to take action after investigation of complaints received by it against the surrogacy clinics; and
(h) to consider and grant or reject any application under clause (vi) of section 3 and sub-clauses (a) to (c) of clause (iii) of section 4 within a period of ninety days.
Powers of appropriate authorities (Section 37) -
(1) The appropriate authority shall exercise the powers in respect of the following matters, namely:—
(a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act, and rules and regulations made thereunder;
(b) production of any document or material object relating to clause (a);
(c) Search any place suspected to be violating the provisions of this Act, and the rules and regulations made thereunder; and
(d) such other powers as may be prescribed.
(2) The appropriate authority shall maintain the details of registration of surrogacy clinics, cancellation of registration, renewal of registration, grant of certificates to the intending couple and surrogate mothers or any other matter pertaining to grant of license, etc., of the surrogacy clinics in such format as may be prescribed and submit the same to the National Assisted Reproductive Technology and Surrogacy Board.