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Surrogacy (Regulation) Act, 2021

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Chapters
8
Sections
54

Section index

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Chapter I

Preliminary

2 sections
§ 1 Short title, extent and commencement
§ 2 Definitions
Chapter II

Regulation of Surrogacy Clinics

1 section
§ 3 Prohibition and regulation of surrogacy clinics
Chapter III

Regulation of Surrogacy and Surrogacy Procedures

7 sections
§ 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

6 sections
§ 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 Reproduc

18 sections
§ 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.- </b>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

3 sections
§ 35 Appointment of appropriate authority
§ 36 Functions of appropriate authority
§ 37 Powers of appropriate authorities
Chapter VII

Offences and Penalties

8 sections
§ 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

9 sections
§ 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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