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. This Act was enacted in the year 2021 and came into force on 25 January 2022.
There are Seven Chapters in The Surrogacy (Regulation) Act, 2021. Section 1 of the said Act speaks about Short title, extent, and commencement While Section 2 provides Definitions. Chapter II of the said Act speaks about Prohibition and regulation of surrogacy clinics. Chapter III prescribes the Regulation of surrogacy and surrogacy procedures. Chapter IV speaks about the Registration of surrogacy clinics, registration certificates its cancellation, etc. Chapter V speaks in detail about the Constitution of the National Assisted Reproductive Technology and Surrogacy Board, Term of office of Members, Meetings of Board, Qualifications and Disqualifications for appointment as Member, Functions of Board, Eligibility, Reappointment, etc. Chapter VI, Appointment of appropriate authority. Chapter VII speaks about Offenses and Penalties. Chapter VIII Miscellaneous.
What is Surrogacy?
Section 2 (ZD) Defines “surrogacy”, which means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth; Section 2 (ZE) defines “surrogacy clinic", which means surrogacy clinic, center or laboratory, conducting assisted reproductive technology services, in-vitro fertilization services, genetic counseling centre, genetic laboratory, Assisted Reproductive Technology Banks conducting surrogacy procedure or any clinical establishment, by whatsoever name called, conducting surrogacy procedures in any form;
Key Chapters of The Surrogacy (Regulation) Act, 2021 -
Chapter I - Preliminary (Section 1 -2 )
1. Short title, extent, and commencement
Chapter II - Regulation of surrogacy clinics (Section - 3)
3. Prohibition and regulation of surrogacy clinics
Chapter III - Regulation of surrogacy and surrogacy procedure (Section 4 to Section 10)
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 (Section 11 to Section 16)
11. Registration of surrogacy clinics.
12. Certificate of registration.
13. Cancellation or suspension of registration.
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 (Section 17 to Section 34)
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.
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 - (Section 35 to Section 37)
35. Appointment of appropriate authority.
36. Functions of appropriate authority.
37. Powers of appropriate authorities.
Chapter VII - Offenses and penalties ( Section 38 to Section 45)
38. Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born
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
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 ( Section 46 to Section 54)
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.