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Section 42 - Surrogacy (Regulation) Act, 2021
The Surrogacy (Regulation) Act, 2021
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.
Related Sections
- Section 31: Disqualifications for appointment as member
- Section 43: Offence to be cognizable, non-baliable and non-compoundable
- Section 38: Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy
- Section 5: Prohibition of conducting surrogacy
- Section 47: Power to search and seize records, etc
Related Acts
* Only for reference.