THE SURROGACY (REGULATION) ACT, 2021 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I  

PRELIMINARY 

SECTIONS 

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.  Appeal. 
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.  

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SECTIONS 

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 

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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THE SURROGACY (REGULATION) ACT, 2021 

ACT NO. 47 OF 2021 

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.  

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 

[25th December, 2021.] 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Surrogacy 

(Regulation) Act, 2021. 

(2) It shall come into force on such date1 as the Central Government may, by notification in the 

Official Gazette, appoint. 

2. Definitions. — (1) In this Act, unless the context otherwise requires,— 

 (a) “abandoned child” means a child born out of surrogacy procedure who has been deserted 
by his intending parents or guardians and declared as abandoned by the appropriate authority after 
due enquiry; 

(b)  “altruistic  surrogacy”  means  the  surrogacy  in  which  no  charges,  expenses,  fees, 
remuneration  or  monetary  incentive  of  whatever  nature,  except  the  medical  expenses  and  such 
other  prescribed  expenses  incurred  on  surrogate  mother  and  the  insurance  coverage  for  the 
surrogate mother, are given to the surrogate mother or her dependents or her representative; 

(c) “appropriate authority” means the appropriate authority appointed under Section 35; 

(d)  “Assisted  Reproductive  Technology  Act”  means  the  Assisted  Reproductive  Technology 

(Regulation) Act, 2021; 

(e)  “Board”  means  the  National  Assisted  Reproductive  Technology  and  Surrogacy  Board 

constituted under Section 17; 

(f)  “clinical  establishment”  shall  have  the  same  meaning  as  assigned  to  it  in  the  Clinical 

Establishments (Registration and Regulation) Act, 2010 (23 of 2010); 

(g) “commercial surrogacy” means commercialisation of surrogacy services or procedures or its 
component  services  or  component  procedures  including  selling  or  buying  of  human  embryo  or 
trading  in  the  sale  or  purchase  of  human  embryo  or  gametes  or  selling  or  buying  or  trading  the 
services of surrogate motherhood by way of giving payment, reward, benefit, fees, remuneration or 
monetary incentive in cash or kind, to the surrogate mother or her dependents or her representative, 
except the medical expenses and such other prescribed expenses incurred on the surrogate mother 
and the insurance coverage for the surrogate mother; 

1.  25th  January,  2021,  vide  Notification  no.  S.O.  292(E),  dated  20th  January,  2021,  see  Gazette  of  India,  Extraordinary,            

Part II, sec. 3 (ii). 

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(h) “couple” means the legally married Indian man and woman above the age of 21 years and 

18 years respectively; 

(i) “egg” includes the female gamete; 

(j) “embryo” means a developing or developed organism after fertilisation till the end of fifty-

six days; 

(k)  “embryologist”  means  a  person  who  possesses  any  post-graduate  medical  qualification  or 
doctoral  degree  in  the  field  of  embryology  or  clinical  embryology  from  a  recognised  university 
with not less than two years of clinical experience; 

(l) “fertilisation” means the penetration of the ovum by the spermatozoan and fusion of genetic 

materials resulting in the development of a zygote; 

(m) “foetus” means a human organism during the period of its development beginning on the 
fifty-seventh day following fertilisation or creation (excluding any time in which its development 
has been suspended) and ending at the birth; 

(n) “gamete” means sperm and oocyte; 

(o)  “gynaecologist”  shall  have  the  same  meaning  as  assigned  to  it  in  the  Pre-conception  and 

Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994); 

(p)  “implantation”  means  the  attachment  and  subsequent  penetration  by  the  zona-free 

blastocyst, which starts five to seven days following fertilisation; 

(q)  “insurance”  means  an  arrangement  by  which  a  company,  individual  or  intending  couple 
undertake  to  provide  a  guarantee  of  compensation  for  medical  expenses,  health issues,  specified 
loss, damage, illness or death of surrogate mother and such other prescribed expenses incurred on 
such surrogate mother during the process of surrogacy; 

(r) “intending couple” means a couple who have a medical indication necessitating gestational 

surrogacy and who intend to become parents through surrogacy; 

(s) “intending woman” means an Indian woman who is a widow or divorcee between the age of 

35 to 45 years and who intends to avail the surrogacy; 

(t)  “Member”  means  a  Member  of  the  National  Assisted  Reproductive  Technology  and 
Surrogacy Board or a State Assisted Reproductive Technology and Surrogacy Board, as the case 
may be; 

(u) “notification” means a notification published in the Official Gazette; 

(v) “oocyte” means naturally ovulating oocyte in the female genetic tract; 

(w) “Paediatrician” means a person who possesses a post-graduate qualification in paediatrics 

as recognised under the Indian Medical Council Act, 1956 (102 of 1956); 

(x) “prescribed” means prescribed by rules made under this Act; 

(y)  “registered  medical  practitioner”  means  a  medical  practitioner  who  possesses  any 
recognised  medical  qualification  as  defined  in  clause  (h)  of  Section  2  of  the  Indian  Medical 
Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register; 

(z) “regulation” means regulations made by the Board under this Act; 

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(za) “sex selection” shall have the same meaning as assigned to it in clause (o) of Section 2 of 
the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 
(57 of 1994); 

(zb)  “State  Board”  means  the  State  Assisted  Reproductive  Technology  and  Surrogacy  Board 

constituted under section 26; 

(zc)  “State  Government”  in  relation  to  Union  territory  with  Legislature,  means  the 
Administrator  of  the  Union  territory  appointed  by  the  President  under  Article  239  of  the 
Constitution; 

(zd) “surrogacy” 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; 

(ze)  “surrogacy  clinic”  means  surrogacy  clinic,  centre  or  laboratory,  conducting  assisted 
reproductive technology services, invitro fertilisation services, genetic counselling centre, genetic 
laboratory,  Assisted  Reproductive  Technology  Banks  conducting  surrogacy  procedure  or  any 
clinical establishment, by whatsoever name called, conducting surrogacy procedures in any form; 

(zf)  “surrogacy  procedures”  means  all  gynaecological,  obstetrical  or  medical  procedures, 
techniques, tests, practices or services involving handling of human gametes and human embryo in 
surrogacy; 

(zg) “surrogate mother” means a woman who agrees to bear a child (who is genetically related 
to the intending couple or intending woman) through surrogacy from the implantation of embryo 
in her womb and fulfils the conditions as provided in sub-clause (b) of clause (iii) of Section 4; 

(zh) “zygote” means the fertilised oocyte prior to the first cell division. 

(2)  Words  and  expressions  used  herein  and  not  defined  in  this  Act  but  defined  in  the  Assisted 

Reproductive Technology Act shall have the meanings respectively assigned to them in that Act. 

CHAPTER II 

REGULATION OF SURROGACY CLINICS 

3. Prohibition and regulation of surrogacy clinics.—On and from the date of commencement of 

this Act, — 

(i) no surrogacy clinic, unless registered under this Act, shall conduct or associate with, or help 

in any manner, in conducting activities relating to surrogacy and surrogacy procedures; 

(ii)  no  surrogacy  clinic,  paediatrician,  gynaecologist,  embryologist,  registered  medical 
practitioner  or  any  person  shall  conduct,  offer,  undertake,  promote  or  associate  with  or  avail  of 
commercial surrogacy in any form; 

(iii) no surrogacy clinic shall employ or cause to be employed or take services of any person, 
whether  on  honorary  basis  or  on  payment,  who  does  not  possess  such  qualifications  as  may  be 
prescribed; 

(iv) no registered medical practitioner, gynaecologist, paediatrician, embryologist or any other 
person shall conduct or cause to be conducted or aid in conducting by himself or through any other 
person surrogacy or surrogacy procedures at a place other than a place registered under this Act; 

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(v)  no  surrogacy  clinic,  registered  medical  practitioner,  gynaecologist,  paediatrician, 
embryologist or any other person shall promote, publish, canvass, propagate or advertise or cause 
to be promoted, published, canvassed, propagated or advertised which— 

(a) is aimed at inducing or is likely to induce a woman to act as a surrogate mother; 

(b)  is  aimed  at  promoting  a  surrogacy  clinic  for  commercial  surrogacy  or  promoting 

commercial surrogacy in general; 

(c) seeks or aimed at seeking a woman to act as a surrogate mother; 

(d) states or implies that a woman is willing to become a surrogate mother; or 

(e) advertises commercial surrogacy in print or electronic media or in any other form; 

(vi)  no  surrogacy  clinic,  registered  medical  practitioner,  gynaecologist,  paediatrician, 
embryologist,  intending  couple  or  any  other  person  shall  conduct  or  cause  abortion  during  the 
period of surrogacy without the written consent of the surrogate mother and on authorisation of the 
same by the appropriate authority concerned: 

Provided  that  the  authorisation  of  the  appropriate  authority  shall  be  subject  to,  and  in 
compliance with, the provisions of the Medical Termination of Pregnancy Act, 1971 (34 of 1971); 

(vii)  no  surrogacy  clinic,  registered  medical  practitioner,  gynaecologist,  paediatrician, 
embryologist, intending couple or any other person shall store a human embryo or gamete for the 
purpose of surrogacy: 

Provided that nothing contained in this clause shall affect such storage for other legal purposes 
like  sperm  banks,  IVF  and  medical  research  for  such  period  and  in  such  manner  as  may  be 
prescribed; 

(viii)  no  surrogacy  clinic,  registered  medical  practitioner,  gynaecologist,  paediatrician, 
embryologist,  intending  couple  or  any  other  person  shall  in  any  form  conduct  or  cause  to  be 
conducted sex selection for surrogacy. 

CHAPTER III 

REGULATION OF SURROGACY AND SURROGACY PROCEDURES 

4.  Regulation  of  surrogacy  and  surrogacy  procedures.—  On  and  from  the  date  of 

commencement of this Act, — 

(i)  no  place  including  a  surrogacy  clinic  shall  be  used  or  cause to  be  used  by  any  person for 
conducting surrogacy or surrogacy procedures, except for the purposes specified in clause (ii) and 
after satisfying all the conditions specified in clause (iii); 

(ii) no surrogacy or surrogacy procedures shall be conducted, undertaken, performed or availed 

of, except for the following purposes, namely: 

(a) when an intending couple has a medical indication necessitating gestational surrogacy: 

Provided  that  a  couple  of  Indian  origin  or  an  intending  woman  who  intends  to  avail 
surrogacy, shall obtain a certificate of recommendation from the Board on an application made 
by the said persons in such form and manner as may be prescribed. 

Explanation.—For the purposes of this sub-clause and item (I) of sub-clause (a) of clause 
(iii) the expression “gestational surrogacy” means a practice whereby a surrogate mother carries 

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a child for the intending couple through implantation of embryo in her womb and the child is 
not genetically related to the surrogate mother; 

(b) when it is only for altruistic surrogacy purposes; 

(c)  when  it  is  not  for  commercial  purposes  or  for  commercialisation  of  surrogacy  or 

surrogacy procedures; 

(d)  when  it  is  not  for  producing  children  for  sale,  prostitution  or  any  other  form  of 

exploitation; and 

(e) any other condition or disease as may be specified by regulations made by the Board; 

(iii)  no  surrogacy  or  surrogacy  procedures  shall  be  conducted,  undertaken,  performed  or 
initiated, unless the Director or in-charge of the surrogacy clinic and the person qualified to do so 
are  satisfied,  for  reasons  to  be  recorded  in  writing,  that  the  following  conditions  have  been 
fulfilled, namely:— 

(a)  the  intending  couple  is  in  possession  of  a  certificate  of  essentiality  issued  by  the 
appropriate authority, after satisfying itself, for the reasons to be recorded in writing, about the 
fulfilment of the following conditions, namely: — 

(I)  a  certificate  of  a  medical  indication  in  favour  of  either  or  both  members  of  the 
intending  couple  or  intending  woman  necessitating  gestational  surrogacy  from  a  District 
Medical Board. 

Explanation.—For  the  purposes  of  this  item,  the  expression  “District  Medical  Board” 
means a medical board under the Chairpersonship of Chief Medical Officer or Chief Civil 
Surgeon or Joint Director of Health Services of the district and comprising of at least two 
other specialists, namely, the chief gynaecologist or obstetrician and chief paediatrician of 
the district; 

(II)  an  order  concerning  the  parentage  and  custody  of  the  child  to  be  born  through 
surrogacy,  has  been  passed  by  a  court  of  the  Magistrate  of  the  first  class  or  above  on  an 
application made by the intending couple or the intending woman and the surrogate mother, 
which shall be the birth affidavit after the surrogate child is born; and 

(III) an insurance coverage of such amount and in such manner as may be prescribed in 
favour  of  the  surrogate  mother  for  a  period  of  thirty-six  months  covering  postpartum 
delivery complications from an insurance company or an agent recognised by the Insurance 
Regulatory  and  Development  Authority  established  under  the  Insurance  Regulatory  and 
Development Authority Act, 1999 (41 of 1999); 

(b) the surrogate mother is in possession of an eligibility certificate issued by the appropriate 

authority on fulfilment of the following conditions, namely: — 

(I) no woman, other than an ever married woman having a child of her own and between 
the age of 25 to 35 years on the day of implantation, shall be a surrogate mother or help in 
surrogacy by donating her egg or oocyte or otherwise; 

(II)  a  willing  woman  shall  act  as  a  surrogate  mother  and  be  permitted  to  undergo 

surrogacy procedures as per the provisions of this Act: 

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Provided  that  the  intending  couple  or  the  intending  woman  shall  approach  the 

appropriate authority with a willing woman who agrees to act as a surrogate mother; 

(III) no woman shall act as a surrogate mother by providing her own gametes; 

(IV) no woman shall act as a surrogate mother more than once in her lifetime: 

Provided that the number of attempts for surrogacy procedures on the surrogate mother 

shall be such as may be prescribed; and 

(V)  a  certificate  of  medical  and  psychological  fitness  for  surrogacy  and  surrogacy 

procedures from a registered medical practitioner; 

(c)  an  eligibility  certificate  for  intending  couple  is  issued  separately  by  the  appropriate 

authority on fulfilment of the following conditions, namely:-- 

(I)  the  intending  couple  are  married  and  between  the  age  of  23  to  50  years  in  case  of 

female and between 26 to 55 years in case of male on the day of certification; 

(II)  the  intending  couple  have  not  had  any  surviving  child  biologically  or  through 

adoption or through surrogacy earlier: 

Provided that nothing contained in this item shall affect the intending couple who have a 
child and who is mentally or physically challenged or suffers from life threatening disorder 
or fatal illness with no permanent cure and approved by the appropriate authority with due 
medical certificate from a District Medical Board; and 

(III) such other conditions as may be specified by the regulations. 

5.  Prohibition  of  conducting  surrogacy.—  No  person  including  a  relative  or  husband  of  a 
surrogate  mother  or  intending  couple  or  intending  woman  shall  seek  or  encourage  to  conduct  any 
surrogacy or surrogacy procedures on her except for the purpose specified in clause (ii) of section 4. 

6.  Written  informed  consent  of  surrogate  mother.—(1)  No  person  shall  seek  or  conduct 

surrogacy procedures unless he has— 

(i) explained all known side effects and after effects of such procedures to the surrogate mother 

concerned; and 

 (ii)  obtained  in  the  prescribed  form,  the  written informed  consent of the surrogate  mother  to 

undergo such procedures in the language she understands.  

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  surrogate  mother  shall  have  an 
option to withdraw her consent for surrogacy before the implantation of human embryo in her womb. 

7. Prohibition to abandon child born through surrogacy.— The intending couple or intending 
woman  shall  not  abandon  the  child,  born  out  of  a  surrogacy  procedure,  whether  within  India  or 
outside,  for  any  reason  whatsoever,  including  but  not  restricted  to,  any  genetic  defect,  birth  defect, 
any other medical condition, the defects developing subsequently, sex of the child or conception of 
more than one baby and the like. 

8. Rights of surrogate child.— A child born out of surrogacy procedure, shall be deemed to be a 
biological child of the intending couple or intending woman and the said child shall be entitled to all 
the rights and privileges available to a natural child under any law for time being in force 

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9. Number of oocytes or human embryos to be implanted.— The number of oocytes or human 
embryos to be implanted in the uterus of the surrogate mother for the purpose of surrogacy, shall be 
such as may be prescribed. 

10.  Prohibition  of  abortion.—  No  person,  organisation,  surrogacy  clinic,  laboratory  or  clinical 
establishment of any kind shall force the surrogate mother to abort at any stage of surrogacy except in 
such conditions as may be prescribed. 

CHAPTER IV 

REGISTRATION OF SURROGACY CLINICS 

11.  Registration  of  surrogacy  clinics.—  (1)  No  person  shall  establish  any  surrogacy  clinic  for 
undertaking  surrogacy  or  to  render  surrogacy  procedures  in  any  form  unless  such  clinic  is  duly 
registered under this Act.  

(2)  Every  application  for  registration  under  sub-section  (1)  shall  be  made  to  the  appropriate 

authority in such form, manner and shall be accompanied by such fees as may be prescribed. 

 (3)  Every  surrogacy  clinic  which  is  conducting  surrogacy  or  surrogacy  procedures,  partly  or 
exclusively, referred to in clause (ii) of section 4 shall, within a period of sixty days from the date of 
appointment of appropriate authority, apply for registration: 

Provided that such clinic shall cease to conduct any such counselling or procedures on the expiry 
of  six  months  from  the  date  of  commencement  of  this  Act,  unless  such  clinic  has  applied  for 
registration and is so registered separately or till such application is disposed of, whichever is earlier. 

 (4)  No  surrogacy  clinic  shall  be  registered  under  this  Act,  unless  the  appropriate  authority  is 
satisfied that such clinic is in a position to provide such facilities and maintain such equipment and 
standards including specialised manpower, physical infrastructure and diagnostic facilities as may be 
prescribed. 

12. Certificate of registration.— (1) The appropriate authority shall after holding an enquiry and 
after satisfying itself that the applicant has complied with all the requirements of this Act and the rules 
and  regulations  made  thereunder,  grant  a  certificate  of  registration  to  the  surrogacy  clinic,  within  a 
period of ninety days from the date of application received by it, in such form, on payment of such 
fees and in such manner, as may be prescribed. 

(2)  Where,  after  the  inquiry  and  after  giving  an  opportunity  of  being  heard  to  the  applicant,  the 
appropriate authority is satisfied that the applicant has not complied with the requirements of this Act 
or the rules or regulations made thereunder, it shall, for reasons to be recorded in writing, reject the 
application for registration. 

(3) Every certificate of registration shall be valid for a period of three years and shall be renewed 

in such manner and on payment of such fees as may be prescribed. 

(4) The certificate of registration shall be displayed by the surrogacy clinic at a conspicuous place. 

13. Cancellation or suspension of registration.— (1) The appropriate authority may, suo motu or 
on receipt of a complaint, issue a notice to the surrogacy clinic to show cause as to why its registration 
should not be suspended or cancelled for the reasons mentioned in the notice. 

(2) If after giving a reasonable opportunity of being heard to the surrogacy clinic, the appropriate 
authority  is  satisfied  that  there  has  been  a  breach  of  the  provisions  of  the  Act  or  the  rules  or 
regulations made thereunder, it may, without prejudice to any criminal action that it may take against 
such clinic, suspend its registration for such period as it may think fit or cancel its registration, as the 
case may be. 

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(3) Notwithstanding anything contained in sub-sections (1) and (2), if the appropriate authority is 
of the opinion that it is necessary or expedient to do so in the public interest, it may, for reasons to be 
recorded in writing, suspend the registration of any surrogacy clinic without issuing any notice under 
sub-section (1). 

14. Appeal.— The surrogacy clinic or the intending couple or the intending woman may, within a 
period of thirty days from the date of receipt of the communication relating to order of rejection of 
application,  suspension  or  cancellation  of  registration  passed  by  the  appropriate  authority  under 
section 13 and communication relating to rejection of the certificates under section 4, prefer an appeal 
against such order to— 

(a) the State Government, where the appeal is against the order of the appropriate authority of a 

State; 

(b) the Central Government, where the appeal is against the order of the appropriate authority 

of a Union territory,  

in such manner as may be prescribed. 

15. Establishment of National Assisted Reproductive Technology and Surrogacy Registry.— 
There shall be established a Registry to be called the National Assisted Reproductive Technology and 
Surrogacy Registry for the purposes of registration of surrogacy clinics under this Act. 

16.  Application  of  provisions  of  Assisted  Reproductive  Technology  Act  with  respect  to 
National  Registry.—  The  National  Assisted  Reproductive  Technology  and  Surrogacy  Registry 
referred  to  in  section  15  and  to  be  established  under  section  9  of  the  Assisted  Reproductive 
Technology  Act  shall  be  the  National  Registry  for  the  purposes  of  this  Act  and  the  functions  to  be 
discharged  by  the  said  Registry  under  the  Assisted  Reproductive  Technology  Act  shall,  mutatis 
mutandis, apply. 

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.— (1) 
The  Central  Government  shall,  by  notification,  constitute  a  Board  to  be  known  as  the  National 
Assisted  Reproductive  Technology  and  Surrogacy  Board  to  exercise  the  powers  and  perform  the 
functions conferred on the Board under this Act. 

(2) The Board shall consist of— 

(a)  the  Minister  in-charge  of  the  Ministry  of  Health  and  Family  Welfare,  the  Chairperson,       

ex officio; 

(b)  the  Secretary  to  the  Government  of  India  in-charge  of  the  Department  dealing  with  the 

surrogacy matter, Vice-Chairperson, ex officio; 

(c)  three  women  Members  of  Parliament,  of  whom  two  shall  be  elected  by  the  House  of  the 

People and one by the Council of States, Members, ex officio; 

(d) three Members of the Ministries of the Central Government in-charge of Women and Child 
Development,  Legislative  Department  in  the  Ministry  of  Law  and  Justice  and  the  Ministry  of 
Home Affairs, not below the rank of Joint Secretary, Members, ex officio; 

(e) the Director General of Health Services of the Central Government, Member, ex officio; 

(f) ten expert Members to be appointed by the Central Government in such manner as may be 

prescribed and two each from amongst— 

(i) eminent medical geneticists or embryologists; 

(ii) eminent gynaecologists and obstetricians; 

(iii) eminent social scientists; 

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(iv) representatives of women welfare organisations; and 

(v) representatives from civil society working on women's health and child issues, 

possessing such qualifications and experience as may be prescribed; 

(g)  four  Chairpersons  of  the  State  Boards  to  be  nominated  by  the  Central  Government  by 
rotation to represent the States and the Union territories, two in the alphabetical order and two in 
the reverse alphabetical order, Member, ex officio; and 

(h) an officer, not below the rank of a Joint Secretary to the Central Government, in-charge of 
Surrogacy  Division  in  the  Ministry  of  Health  and  Family  Welfare,  who  shall  be  the  Member-
Secretary, ex officio. 

18. Term  of  office  of  Members.— (1) The term of office of a Member, other than an ex officio 

Member, shall be— 

(a) in case of nomination under clause (c) of sub-section (2) of section 14, three years: 

Provided that the term of such Member shall come to an end as soon as the Member becomes a 
Minister  or  Minister  of  State  or  Deputy  Minister,  or  the  Speaker  or  the  Deputy  Speaker  of  the 
House of the People, or the Deputy Chairman of the Council of States or ceases to be a Member of 
the House from which she was elected; and 

(b) in case of appointment under clause (f) of sub-section (2) of section 17, three years: 

Provided that the person to be appointed as Member under this clause shall be of such age as 

may be prescribed. 

(2) Any vacancy occurring in the office whether by reason of his death, resignation or inability to 
discharge his functions owing to illness or other incapacity, shall be filled by the Central Government 
by making a fresh appointment within a period of one month from the date on which such vacancy 
occurs and the Member so appointed shall hold office for the remainder of the term of office of the 
person in whose place he is so appointed. 

(3)  The  Vice-Chairperson  shall  perform  such  functions  as  may  be  assigned  to  him  by  the 

Chairperson from time to time. 

19.  Meetings  of  Board.—  (1) The  Board  shall  meet at such  places and times and  shall  observe 
such rules of procedure in regard to the transaction of business at its meetings (including the quorum 
at its meetings) as may be determined by the regulations: 

Provided that the Board shall meet at least once in six months. 

(2) The Chairperson shall preside at the meeting of the Board and if for any reason the Chairperson 
is unable to attend the meeting of the Board, the Vice-Chairperson shall preside at the meetings of the 
Board. 

(3) All questions which come up before any meeting of the Board shall be decided by a majority of 
the votes of the members present and voting, and in the event of an equality of votes, the Chairperson, 
or in his absence, the Vice-Chairperson shall have a second or casting vote. 

(4)  The  Members,  other  than  ex  officio  Members,  shall  receive  only  compensatory  travelling 

expenses for attending the meetings of the Board. 

20. Vacancies, etc., not to invalidate proceedings of Board.— No act or proceeding of the Board 

shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Board; or 

(b) any defect in the appointment of a person acting as a Member of the Board; or 

(c) any irregularity in the procedure of the Board not affecting the merits of the case. 

21.   Disqualifications  for  appointment  as  Member.—  (1)  A  person  shall  be  disqualified  for 

being appointed and continued as a Member if, he— 

11 

 
(a) has been adjudged as an insolvent; or 

(b) has been convicted of an offence, which in the opinion of the Central Government, involves 

moral turpitude; or 

(c) has become physically or mentally incapable of acting as a Member; or 

(d) has acquired such financial or other interest, as is likely to affect prejudicially his functions 

as a Member; or 

(e) has so abused his position, as to render his continuance in office prejudicial to the public 

interest; or 

(f) is a practicing member or an office-bearer of any association representing surrogacy clinics, 

having financial or other interest likely to affect prejudicially, his function as a Member; or 

(g)  is  an  office-bearer,  heading  or  representing,  any  of  the  professional  bodies  having 

commercial interest in surrogacy or infertility. 

(2)  The  Members  referred  to  in  clause  (f)  of  section  17  shall  not  be  removed  from  their  office 
except  by  an  order  of  the  Central  Government  on  the  ground  of  their  proved  misbehaviour  or 
incapacity  after  the  Central  Government,  has,  on an  inquiry,  held in  accordance  with the  procedure 
prescribed in this behalf by the Central Government, come to the conclusion that the Member ought 
on any such ground to be removed. 

(3) The Central Government may suspend any Member against whom an inquiry under sub-section 
(2) is being initiated or pending until the Central Government has passed an order on receipt of the 
report of the inquiry. 

22.  Temporary  association  of  persons  with  Board  for  particular  purposes.— (1) The Board 
may  associate  with  itself,  in  such  manner  and  for  such  purposes  as  may  be  determined  by  the 
regulations, any person whose assistance or advice it may desire in carrying out any of the provisions 
of this Act. 

(2) A person associated with the Board under sub-section (1) shall have a right to take part in the 
discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Board and 
shall not be a Member for any other purpose. 

23. Authentication of orders and other instruments of Board.—All orders and decisions of the 
Board shall be authenticated by the signature of the Chairperson and all other instruments issued by 
the Board shall be authenticated by the signature of the Member-Secretary of the Board. 

24.  Eligibility  of  Member  for  re-appointment.—  Subject  to  other  terms  and  conditions  of 
service as may be prescribed, any person ceasing to be a Member shall be eligible for re-appointment 
as such Member: 

Provided that no Member other than an ex officio Member shall be appointed for more than two 

consecutive terms. 

25. Functions of Board.— The Board shall discharge the following functions, namely: — 

(a) to advise the Central Government on policy matters relating to surrogacy; 

(b) to review and monitor the implementation of the Act, and the rules and regulations made 

thereunder and recommend to the Central Government, changes therein; 

(c) to lay down the code of conduct to be observed by persons working at surrogacy clinics; 

(d)  to  set  the  minimum  standards  of  physical  infrastructure,  laboratory  and  diagnostic 

equipment and expert manpower to be employed by the surrogacy clinics; 

(e) to oversee the performance of various bodies constituted under the Act and take appropriate 

steps to ensure their effective performance; 

12 

 
(f)  to  supervise  the  functioning  of  State  Assisted  Reproductive  Technology  and  Surrogacy 

Boards; and 

(g) such other functions as may be prescribed. 

 26.  Constitution  of  State  Assisted  Reproductive  Technology  and  Surrogacy  Board.— Each 
State and Union territory having Legislature shall constitute a Board to be known as the State Assisted 
Reproductive  Technology  and  Surrogacy  Board  or  the  Union  territory  Assisted  Reproductive 
Technology and Surrogacy Board, as the case may be, which shall discharge the following functions, 
namely:— 

(i)  to  review  the  activities  of  the  appropriate  authorities  functioning  in  the  State  or  Union 

territory and recommend appropriate action against them; 

(ii) to  monitor  the implementation  of the  provisions of the  Act,  and  the rules  and  regulations 

made thereunder and make suitable recommendations relating thereto, to the Board; 

(iii) to send such consolidated reports as may be prescribed, in respect of the various activities 

undertaken in the State under the Act, to the Board and the Central Government; and 

(iv) such other functions as may be prescribed. 

27. Composition of State Board.— The State Board shall consist of.— 

(a) the Minister in-charge of Health and Family Welfare in the State, Chairperson, ex officio; 

(b) the Secretary in-charge of the Department of Health and Family Welfare, Vice-Chairperson, 

ex officio; 

(c)  Secretaries  or  Commissioners  in-charge  of  the  Departments  of  Women  and  Child 
Development, Social Welfare, Law and Justice and Home Affairs or their nominees, members, ex 
officio; 

(d)  Director-General  of  Health  and  Family  Welfare  of  the  State  Government,  member,  ex 

officio; 

(e)  three  women  members  of  the  State  Legislative  Assembly  or  Union  territory  Legislative 

Council, members, ex officio; 

(f)  ten  expert  members  to  be  appointed  by  the  State  Government  in  such  manner  as  may  be 

prescribed, two each from amongst— 

(i) eminent medical geneticists or embryologists; 

(ii) eminent gynaecologists and obstetricians; 

(iii) eminent social scientists; 

(iv) representatives of women welfare organisations; and 

(v) representatives from civil society working on women's health and child issues, 

possessing such qualifications and experiences as may be prescribed; 

(g)  an  officer  not  below  the  rank  of  Joint  Secretary  to  the  State  Government  in-charge  of 

Family Welfare, who shall be the Member-Secretary, ex officio. 

28 . Term of office of members.— (1) The term of office of a member, other than an ex officio 

member, shall be.— 

(a) in case of nomination under clause (e) of section 27, three years: 

Provided that the term of such member shall come to an end as soon as the member becomes a 
Minister  or  Minister  of  State  or  Deputy  Minister,  or  the  Speaker  or  the  Deputy  Speaker  of  the 
Legislative  Assembly,  or  the  Deputy  Chairman  of  the  Legislative  Council  or  ceases  to  be  a 
member of the House from which she was elected; and 

13 

 
(b) in case of appointment under clause (f) of section 27, three years: 

Provided that the person to be appointed as member under this clause shall be of such age, as 

may be prescribed. 

(2) Any vacancy occurring in the office whether by reason of his death, resignation or inability to 
discharge  his  functions  owing  to  illness  or  other  incapacity,  shall  be  filled  within  a  period  of  one 
month  from  the  date  on  which  such  vacancy  occurs  by  the  State  Government  by  making  a  fresh 
appointment and the member so appointed shall hold office for the remainder of the term of office of 
the person in whose place he is so appointed. 

(3)  The  Vice-Chairperson  shall  perform  such  functions  as  may  be  assigned  to  him  by  the 

Chairperson from time to time. 

 29. Meetings of State Board.—(1) The State Board shall meet at such places and times and shall 
observe such rules of procedure in regard to the transaction of business at its meetings (including the 
quorum at its meetings) as may be specified by the regulations: 

Provided that the State Board shall meet at least once in four months. 

(2) The Chairperson shall preside at the meetings of the Board and if for any reason the Chairman 
is unable to attend the meeting of the State Board, the Vice-Chairperson shall preside at the meetings 
of the State Board. 

(3)  All  questions  which  come  up  before  any  meeting  of  the  State  Board  shall  be  decided  by  a 
majority of the votes of the members present and voting, and in the event of an equality of votes, the 
Chairperson, or in his absence, the Vice-Chairperson shall have a second or casting vote. 

(4)  The  members,  other  than  ex  officio  members,  shall  receive  only  compensatory  travelling 

expenses for attending the meetings of the State Board. 

30. Vacancies, etc., not to invalidate proceedings of State Board.— No act or proceeding of the 

State Board shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the State Board; or 

(b) any defect in the appointment of a person acting as a member of the State Board; or 

(c) any irregularity in the procedure of the State Board not affecting the merits of the case. 

 31. Disqualifications for appointment as member.—(1) A person shall be disqualified for being 

appointed and continued as a member if, he — 

(a) has been adjudged as an insolvent; or 

(b) has been convicted of an offence, which in the opinion of the State Government, involves 

moral turpitude; or 

(c) has become physically or mentally incapable of acting as a member; or 

(d) has acquired such financial or other interest, as is likely to affect prejudicially his functions 

as a member; or 

(e) has so abused his position, as to render his continuance in office prejudicial to the public 

interest; or 

(f) is a practicing member or an office-bearer of any association representing surrogacy clinics, 

having financial or other interest likely to affect prejudicially, his functions as a member; or 

(g)  is  an  office-bearer,  heading  or  representing,  any  of  the  professional  bodies  having 

commercial interest in surrogacy or infertility. 

(2)  The  members  referred  to  in  clause  (f)  of  section  27  shall  not  be  removed  from  their  office 
except by an order of the State Government on the ground of their proved misbehaviour or incapacity 
after the State Government, has, on an inquiry, held in accordance with the procedure prescribed in 

14 

 
this  behalf  by  the  State  Government,  come  to  the  conclusion  that  the  member  ought  on  any  such 
ground to be removed. 

(3) The State Government may suspend any member against whom an inquiry under sub-section 
(2)  is  being  initiated  or  pending  until  the  State  Government  has  passed  an  order  on  receipt  of  the 
report of the inquiry. 

32.  Temporary  association  of  persons  with  State  Board  for  particular  purposes.—  (1)  The 
State Board may associate with itself, in such manner and for such purposes as may be determined by 
the  regulations,  any  person  whose  assistance  or  advice  it  may  desire  in  carrying  out  any  of  the 
provisions of this Act. 

(2) A person associated with it by the State Board under sub-section (1) shall have a right to take 
part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the 
State Board and shall not be a member for any other purpose. 

33 . Authentication of orders and other instruments of State Board.—All orders and decisions 
of the State Board shall be authenticated by the signature of the Chairperson and all other instruments 
issued by the State Board shall be authenticated by the signature of the Member-Secretary of the State 
Board. 

34.  Eligibility  of  member  for  re-appointment.—  Subject  to  the  other  terms  and  conditions  of 
service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment 
as such member: 

Provided that  no  member  other than  an  ex officio  member  shall  be  appointed for  more  than two 

consecutive terms. 

CHAPTER VI 

APPROPRIATE AUTHORITY 

35. Appointment of appropriate authority.— (1) 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 organisation--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  filled  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. 

15 

 
 36.  Functions  of  appropriate  authority.—The  appropriate  authority  shall  discharge  the 

following functions, namely:— 

(a) to grant, suspend or cancel 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. 

37. Powers of appropriate authorities.— (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. 

CHAPTER VII 

OFFENCES AND PENALTIES 

38.  Prohibition  of  commercial  surrogacy,  exploitation  of  surrogate  mothers  and  children 
born  through  surrogacy.—  (1)  No  person,  organisation,  surrogacy  clinic,  laboratory  or  clinical 
establishment of any kind shall.— 

(a)  undertake  commercial  surrogacy,  provide  commercial  surrogacy  or  its  related  component 
procedures  or  services  in  any  form  or  run  a  racket  or  an  organised  group  to  empanel  or  select 
surrogate mothers or use individual brokers or intermediaries to arrange for surrogate mothers and 
for surrogacy procedures, at such clinics, laboratories or at any other place; 

(b)  issue,  publish,  distribute,  communicate  or  cause  to  be  issued,  published,  distributed  or 
communicated, any advertisement in any  manner regarding commercial surrogacy by any  means 
whatsoever, scientific or otherwise; 

(c) abandon or disown or exploit or cause to be abandoned, disowned or exploited in any form, 

the child or children born through surrogacy; 

16 

 
(d) exploit or cause to be exploited the surrogate mother or the child born through surrogacy in 

any manner whatsoever; 

(e) sell human embryo or gametes for the purpose of surrogacy and run an agency, a racket or 
an organisation for selling, purchasing or trading in human embryos or gametes for the purpose of 
surrogacy; 

(f) import or shall help in getting imported in, whatsoever manner, the human embryo or human 

gametes for surrogacy or for surrogacy procedures; and 

(g) conduct sex selection in any form for surrogacy. 

(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), contraventions of 
the provisions  of  clauses  (a)  to (g)  of  sub-section  (1)  by  any  person shall  be  an  offence  punishable 
with imprisonment for a term which may extend to ten years and with fine which may extend to ten 
lakh rupees. 

(3) For the purposes of this section, the expression “advertisement” includes any notice, circular, 
label, wrapper or any other document including advertisement through internet or any other media, in 
electronic or print form and also includes any visible representation made by means of any hoarding, 
wall-painting, signal light, sound, smoke or gas. 

 39.  Punishment  for  contravention  of  provisions  of  Act.—  (1)  Any  registered  medical 
practitioner, gynaecologists, paediatrician, embryologists or any person who owns a surrogacy clinic 
or  employed  with  such  a  clinic  or  centre  or  laboratory  and  renders  his  professional  or  technical 
services to or at such clinic or centre or laboratory, whether on an honorary basis or otherwise, and 
who contravenes any of the provisions of this Act (other than the provisions referred to in section 38) 
and rules and regulations made thereunder shall be punishable with imprisonment for a term which 
may extend to five years and with fine which may extend to ten lakh rupees. 

(2) In case of subsequent or continuation of the offence referred to in sub-section (1), the name of 
the registered medical practitioner shall be reported by the appropriate authority to the State Medical 
Council concerned for taking necessary action including suspension of registration for a period of five 
years. 

 40.    Punishment  for  not  following  altruistic  surrogacy.—Any  intending  couple  or  intending 
woman or any person who seeks the aid of any surrogacy clinic, laboratory or of a registered medical 
practitioner,  gynaecologist,  paediatrician,  embryologist  or  any  other  person  for  not  following  the 
altruistic  surrogacy  or  for  conducting  surrogacy  procedures  for  commercial  purposes  shall  be 
punishable  with imprisonment for  a term  which  may  extend  to  five  years  and  with  fine  which  may 
extend  to  five  lakh  rupees  for  the  first  offence  and  for  any  subsequent  offence  with  imprisonment 
which may extend to ten years and with fine which may extend to ten lakh rupees. 

41.  Penalty for contravention of provisions of Act or rules for which no specific punishment 
is  provided.—Whoever  contravenes  any  of  the  provisions  of  this  Act,  rules  or  regulations  made 
thereunder for which no penalty has been provided in this Act, shall be punishable with imprisonment 
for a term which may extend to three years and with fine which may extend to five lakh rupees and in 
the case of continuing contravention with an additional fine which may extend to ten thousand rupees 
for  every  day  during  which  such  contravention  continues  after  conviction  for  the  first  such 
contravention. 

42. Presumption in the case of surrogacy.— Notwithstanding anything contained in the Indian 
Evidence  Act,  1872  (1  of  1872),  the  court  shall  presume,  unless  the  contrary  is  proved,  that  the 
women or surrogate mother was compelled by her husband, the intending couple or any other relative, 
as  the  case  may  be,  to  render  surrogacy  services,  procedures  or  to  donate  gametes  for  the  purpose 
other than those specified in clause (ii) of section 4 and such person shall be liable for abetment of 
such offence under section 40 and shall be punishable for the offence specified under that section. 

17 

 
43.  Offence  to  be  cognizable,  non-baliable  and  non-compoundable.—  Notwithstanding 
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act 
shall be cognizable, non-bailable and non-compoundable. 

44. Cognizance of offences.— (1) No court shall take cognizance of any offence punishable under 

this Act except on a complaint in writing made by-- 

(a) the appropriate authority concerned, or any officer or an agency authorised in this behalf by the 

Central Government or the State Government, as the case may be, or the appropriate authority; or 

(b) a person including a social organisation who has given notice of not less that fifteen days in the 
manner prescribed, to the appropriate authority, of the alleged offence and of his intention to make a 
complaint to the court. 

(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class 

shall try any offence punishable under this Act. 

45. Certain provisions of Code of Criminal Procedure, 1973 not to apply.—Notwithstanding 
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), Chapter XXI A of the said 
Code relating to plea bargaining shall not apply to the offences under this Act. 

CHAPTER VIII 

MISCELLANEOUS 

46.  Maintenance of records.— (1) The surrogacy clinic shall maintain all records, charts, forms, 
reports, consent letters, agreements and all the documents under this Act and they shall be preserved 
for a period of twenty-five years or such period as may be prescribed: 

Provided that, if any criminal or other proceedings are instituted against any surrogacy clinic, the 
records  and  all  other  documents  of  such  clinic  shall  be  preserved  till  the  final  disposal  of  such 
proceedings. 

(2)  All  such  records  shall,  at  all  reasonable  times,  be  made  available  for  inspection  to  the 

appropriate authority or to any other person authorised by the appropriate authority in this behalf. 

47.  Power  to  search  and  seize  records,  etc.—  (1)  If  the  appropriate  authority  has  reason  to 
believe that an offence under this Act has been or is being committed at any surrogacy clinic or  any 
other place, such authority or any officer authorised in this behalf may, subject to such rules as may 
be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority 
or  officers  considers  necessary,  such  surrogacy  clinic  or  any  other  place  and  examine  any  record, 
register,  document,  book,  pamphlet,  advertisement  or  any  other  material  object  found  therein  and 
seize and seal the same if such authority or officer has reason to believe that it may furnish evidence 
of the commission of an offence punishable under this Act. 

(2)  The  provisions  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974)  relating  to  search  and 
seizure  shall  apply,  as far as  may  be,  to  all  action  taken  by  the  appropriate  authority  or  any  officer 
authorised by it under this Act. 

48.  Protection  of  action  taken  in  good  faith.—No  suit,  prosecution  or  other  legal  proceeding 
shall lie against the Central Government or the State Government or the appropriate authority or any 
officer authorised by the Central Government or the State Government or by the appropriate authority 
for anything which is in good faith done or intended to be done in pursuance of the provisions of this 
Act. 

49.  Application  of  other  laws  not  barred.— The provisions of this Act shall be in addition to, 

and not in derogation of, the provisions of any other law for the time being in force. 

50. Power to make rules.— (1) The Central Government may, by notification and subject to the 

condition of pre-publication, make rules for carrying out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for-- 

18 

 
(a) the prescribed expenses under clauses (b), (f) and (q) of sub-section (1) of section 2; 

(b)  the  minimum  qualifications  for  persons  employed  at  a  registered  surrogacy  clinic  under 

clause (iii) of section 3; 

(c) the period and manner in which a person shall store human embryo or gamete under clause 

(vii) of section 3; 

(d)  the  form  and  manner  of  application  for  obtaining  certificate  of  recommendation  from  the 

Board under proviso to sub-clause (a) of clause (ii) of section 4; 

(e) the insurance coverage in favour of the surrogate mother from an insurance company and 

the manner of such coverage under item (III) of sub-clause (a) of clause (iii) of section 4; 

(f) the number of attempts of surrogacy or providing of gametes under the proviso to item (III) 

of sub-clause (b) of clause (iii) of section 4; 

(g)  the  form  in  which  consent  of  a  surrogate  mother  has  to  be  obtained  under  clause  (ii)  of 

section 6; 

(h)  the  number  of  oocytes  or  embryos  to  be  implanted  in  the  uterus  of  the  surrogate  mother 

under section 9; 

(i)  the  conditions  under  which  the  surrogate  mother  may  be  allowed  for  abortion  during  the 

process of surrogacy under section 10; 

(j)  the  form  and  manner  in  which  an  application  shall  be  made  for  registration  and  the  fee 

payable thereof under sub-section (2) of section 11; 

(k)  the  facilities  to  be  provided,  equipment  and  other  standards  to  be  maintained  by  the 

surrogacy clinics under sub-section (4) of section 11; 

(l) the period, manner and form in which a certificate of registration shall be issued under sub-

section (1) of section 12; 

(m) the manner in which the certificate of registration shall be renewed and the fee payable for 

such renewal under sub-section (3) of section 12; 

(n) the manner in which an appeal may be preferred under section 14; 

(o)  the  qualifications  and  experiences  of  the  Members  as  admissible  under  clause  (f)  of  sub-

section (2) of section 17; 

(p)  the  procedures  for  conducting  an  inquiry  against  the  Members  under  sub-section  (2)  of 

section 21; 

(q)  the  conditions  under  which  a  Member  of  the  Board  eligible  for  re-appointment  under 

section 24; 

(r) the other functions of the Board under clause (g) of section 25; 

(s)  the  manner  in  which  reports  shall  be  furnished  by  the  State  Assisted  Reproductive 
Technology and Surrogacy Board and the Union territory Assisted Reproductive Technology and 
Surrogacy Board to the Board and the Central Government under clause (iii) of section 26; 

(t) the other functions of the State Board under clause (iv) of section 26; 

(u) the qualifications and experiences of the members as admissible under clause (f) of section 

27; 

(v) the age of the person to be appointed as a member,  referred to in clause (f) of section 27, 

under the proviso to clause (b) of sub-section (1) of section 28; 

(w)  the  procedures  for  conducting  an  inquiry  against  the  members  under  sub-section  (2)  of 

section 31; 

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(x) the conditions under which the members of State Board eligible for re-appointment under 

section 34; 

(y) empowering the appropriate authority in any other matter under clause (d) of section 36; 

(z) the other powers of appropriate authority under clause (d) of sub-section (1) of section 37; 

(za) the particulars of the details of registration of surrogacy clinics, cancellation of registration, 

etc., in such format under sub-section (2) of section 37; 

(zb) the manner of giving notice by a person under clause (b) of sub-section (1) of section 44; 

(zc)  the  period  up  to  which  records,  charts,  etc.,  shall  be  preserved  under  sub-section  (1)  of 

section 46; 

(zd) the manner in which the seizure of documents, records, objects, etc., shall be made and the 
manner in which seizure list shall be prepared and delivered under sub-section (1) of section 47; 
and 

(ze) any other matter which is to be, or may be, or in respect of which provision is to be made 

by rules. 

51.  Power  to  make  regulations.—  The  Board  may,  with  the  prior  approval  of  the  Central 
Government, by notification, make regulations not inconsistent with the provisions of this Act and the 
rules made thereunder to provide for.— 

(a) the fulfilment of any other condition under which eligibility certificate to be issued by the 

appropriate authority under sub-clause (d) of clause (v) of section 4; 

(b) the time and place of the meetings of the Board and the procedure to be followed for the 
transaction of business at such meetings and the number of Members which shall form the quorum 
under sub-section (1) of section 19; 

(c)  the  manner  in  which  a  person  may  be  temporarily  associated  with  the  Board  under  sub-

section (1) of section 22; 

(d) the time and place of the meetings of the State Board and the procedure to be followed for 
the  transaction  of  business  at  such  meetings  and  the  number  of  members  which  shall  form  the 
quorum under sub-section (1) of section 29; 

(e)  the  manner  in  which  a  person  may  be  temporarily  associated  with  the  Board  under  sub-

section (1) of section 32; and 

(f) any other matter which is required to be, or may be, specified by regulations. 

52.  Rules  and  regulations  to  be  laid  before  Parliament.—  Every  rule  made  by  the  Central 
Government and every regulation made by the Board under this Act shall be laid, as soon as may be 
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days 
which  may  be  comprised  in  one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the 
expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both 
Houses agree in making any modification in the rule or regulation or both Houses agree that the rule 
or  regulation  should  not  be  made,  the  rule  or  regulation  shall  thereafter  have  effect  only  in  such 
modified  form  or  be  of  no  effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or 
annulment  shall  be  without  prejudice  to  the  validity  of  anything  previously  done  under  that  rule  or 
regulation or notification. 

53.  Transitional  provision.—  Subject  to  the  provisions  of  this  Act,  there  shall  be  provided  a 
gestation  period  of  ten  months  from  the  date  of  coming  into  force  of  this  Act  to  existing  surrogate 
mothers' to protect their well being. 

54. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of 
this  Act,  the  Central  Government  may,  by  order  published  in  the  Official  Gazette,  make  such 
provisions  not  inconsistent  with  the  provisions  of  the  said  Act  as  appear  to  it  to  be  necessary  or 
expedient for removing the difficulty: 

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Provided that no order shall be made under this section after the expiry of a period of two years 

from the date of commencement of this Act. 

(2) Every order made under this section shall be  laid, as soon as may be after it is made, before 

each House of Parliament. 

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