The Surrogacy (Regulation) Act, 2021

Summary of The Surrogacy (Regulation) Act, 2021

Overview

Purpose: Regulate surrogacy, establish regulatory bodies, and oversee the surrogacy process, ensuring ethical practices and protection of all parties involved.

Key Provisions

1. Types of Surrogacy

• Altruistic Surrogacy: Permitted, with no monetary compensation beyond approved medical and related expenses.

• Commercial Surrogacy: Strictly prohibited, with significant penalties for violations.

2. Eligibility Criteria

• Intending Couple/Woman:

• Must be a legally married Indian couple (with the man ≥21 years and the woman ≥18 years) or a single woman ≥25 years.

• Requires a medical necessity certificate and a court order establishing parentage.

• Surrogate Mother:

• Must be ever-married, with at least one child, and aged between 25-35 years.

• Mandatory voluntary participation with validated medical and psychological fitness.

3. Regulatory Framework

• National Assisted Reproductive Technology and Surrogacy Board: Oversees national regulation.

• State Assisted Reproductive Technology and Surrogacy Boards: Manage state-level regulation.

• Compulsory Registration of all surrogacy clinics, with strict standards enforcement.

4. Rights and Protections

• Surrogate Child: Legally recognized as the biological child of the intending parents, with full inheritance and social rights.

• Surrogate Mother:

• Right to withdraw consent prior to embryo implantation.

• Protected from exploitation and abandonment through legal safeguards.

5. Penalties for Non-Compliance

• Commercial Surrogacy Offences: Up to 10 years imprisonment and a ₹10 lakh fine.

• Other Violations: Varied penalties, including imprisonment and fines, depending on the offence.

6. Miscellaneous Provisions

• Abortion: Permitted only under the Medical Termination of Pregnancy Act, 1971, with the surrogate's consent.

• Record Keeping and Inspections: Clinics must maintain detailed records for 25 years, subject to authorized inspections.

7. Transitional and Operational Provisions

• Transitional Provision (Section 53): A 10-month gestation period for existing surrogate mothers to ensure their well-being.

• Power to Remove Difficulties (Section 54): The Central Government can issue orders to address implementation challenges within two years of the Act's commencement.

• Appointment of Appropriate Authorities (Section 35): Mandatory within 90 days for Union territories and states to oversee compliance and enforcement.

• Functions and Powers of Authorities (Sections 36 & 37): Include registration, standard enforcement, complaint investigation, and legal action against violations.