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Surrogacy Regulation Act

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29 views21 pages

Surrogacy Regulation Act

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Sivapriyaa SN
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Page 1 Wednesday, January 18, 2023


Printed For: Mrinal Satish, National Law School of India University Bangalore
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The
Surrogacy (Regulation) Act, 20211
(Surrogacy (Regulation) Act, 2021)
[Act 47 of 2021 as amended by Noti. No. S.O. 2204(E), dated 12-5-2022]
[25th December, 2021]

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title 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
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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

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


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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

———

Surrogacy (Regulation) Act, 2021


[Act 47 of 2021] [25th December,
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.
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Be it enacted by Parliament in the Seventy-second Year of the Republic of India as


follows:—
Chapter I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Surrogacy
(Regulation) Act, 2021.
(2) It shall come into force on such date2 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;
(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;
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(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;
(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
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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;
(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
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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 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
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(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:
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
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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.
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.
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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.
(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; 3 [* * *];
(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;
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(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;
(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
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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—
(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.
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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;
(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,
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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
(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
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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 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;
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(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.
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,
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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;
(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.
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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.
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
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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—
(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
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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;
(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
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Printed For: Mrinal Satish, National Law School of India University Bangalore
SCC Online Web Edition: http://www.scconline.com
© 2023 EBC Publishing Pvt. Ltd., Lucknow.
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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:
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.
———
1. Received the assent of the President on the 25th December, 2021.
2.
January 25, 2022 [Vide Noti. No. S.O. 292(E), dated 20-1-2022].
3. The words “ex officio” omitted by Noti. No. S.O. 2204(E), dated 12-5-2022 (w.e.f. 12-5-2022).

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