The Surrogacy (Regulation) Act, 2021

The Surrogacy (Regulation) Act, 2021, aims to regulate the practice and process of surrogacy in India, ensuring ethical and safe procedures, and protecting the rights of surrogate mothers and children born through surrogacy.

1: Act Background and Ministry Under Which This Act Is:

The Surrogacy (Regulation) Act, 2021, was enacted to regulate the practice and process of surrogacy in India, addressing ethical concerns and ensuring the well-being of surrogate mothers and children born through surrogacy. The act falls under the administrative purview of the Ministry of Health and Family Welfare, which is responsible for overseeing the implementation and enforcement of regulations related to surrogacy. The ministry plays a crucial role in ensuring ethical and safe reproductive healthcare practices.

2: Enactment Date, Number of Chapters, Number of Sections:

The Surrogacy (Regulation) Act, 2021, was enacted on 25th December, 2021, and is known as Act No. 47 of 2021. The act is structured into eight chapters. It comprises 54 sections, covering various aspects such as definitions, regulation of surrogacy clinics, regulation of surrogacy procedures, registration of clinics, establishment of the National and State Boards, offences and penalties, and miscellaneous provisions. The act has been amended over time to reflect changing requirements.

3: Act Governed By:

The Surrogacy Act is governed by the Central Government, which has the power to make rules and regulations under the Act. The act also provides for the establishment of the National Assisted Reproductive Technology and Surrogacy Board and State Assisted Reproductive Technology and Surrogacy Boards to oversee the implementation of the act. The act is governed by the provisions outlined within it, as well as rules and regulations framed by the Central government. It is therefore a combination of central and state oversight.

4: On Whom It Is Applicable:

The provisions of the Surrogacy Act are applicable to all individuals and entities involved in surrogacy in India. This includes surrogate mothers, intending couples, surrogacy clinics, laboratories, and all those involved in the surrogacy process. The act ensures that all aspects of surrogacy are in accordance with the regulations outlined. The general public are indirect beneficiaries of the Act’s provisions.

5: Penalties/Punishments:

The act prescribes penalties for various violations, including:

• Commercial Surrogacy: Engaging in commercial surrogacy attracts imprisonment and fines.

• Exploitation: Exploitation of surrogate mothers or children born through surrogacy is punishable under the act.

• Non-Compliance: Contravention of the act’s provisions attracts imprisonment and fines. The act emphasizes ethical practices and preventing exploitation.

6: Important Pointers:

• Prohibition of Commercial Surrogacy: The act prohibits commercial surrogacy, allowing only altruistic surrogacy.

• Eligibility Criteria: It specifies eligibility criteria for commissioning couples, women, and surrogate mothers.

• Written Consent: It mandates written informed consent from the surrogate mother.

• National Board: It establishes the National Assisted Reproductive Technology and Surrogacy Board to oversee surrogacy practices.

• State Boards: It provides for the formation of State Assisted Reproductive Technology and Surrogacy Boards to oversee implementation at the state level.

• Rights of Surrogate Child: It ensures that a child born through surrogacy is deemed a biological child of the intending couple.

• Rule-Making Power: It empowers the Central Government to make rules and the National Board to make regulations for carrying out the purposes of the act. The act provides a comprehensive framework for ethical surrogacy practices.

7: Act Copy: