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Section35
The Surrogacy (Regulation) Act, 2021

Appointment of appropriate authority

In force From 25 Jan 2022 Act 47 of 2021 As on 20 Oct 2026

Act 47 of 2021 Ministry Health and Family Welfare Enacted 25 Dec 2021 In force 25 Jan 2022 Cited by 1 provision

Section 35 of the Surrogacy (Regulation) Act, 2021 deals with appointment of appropriate authority. 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. The Act came into force on 25 Jan 2022.

(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;

(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.

Section 35, The Surrogacy (Regulation) Act, 2021 (Act 47 of 2021).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

  1. s. 2 Definitions

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Dr. A. Sindhu v. Union of India

    High Court 25 Jul 2022 Persuasive (High Court) WP(C) 18346/2022; Judgment 25.07.2022 (V.G. Arun J.)

    Court's Decision & Legal Precedent

    Once the Surrogacy Act regulatory machinery is in place, the High Court cannot grant surrogacy permission bypassing the Act. The appropriate authority appointed under s.35 must decide eligibility certificates under s.4(iii)(a)–(c) expeditiously; the court suo motu impleaded the appropriate authority and fixed a 45-day decision window, with a limited fallback if the authority and clinic-registration applications remain idle.

    On this section: s.35 appointment of appropriate authority — authority is the statutory gatekeeper; court channels applicants to it rather than bypassing

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 35

What have the courts held on Section 35 of the Surrogacy (Regulation) Act?

Dr. A. Sindhu v. Union of India (25 Jul 2022) is the leading judgment on this section among those set out below: s.35 appointment of appropriate authority — authority is the statutory gatekeeper; court channels applicants to it rather than bypassing.

How do I find court cases under Section 35 of the Surrogacy (Regulation) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Surrogacy (Regulation) Act 35, section 35 Surrogacy (Regulation) Act, section 35 of the Surrogacy (Regulation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr. A. Sindhu v. Union of India (25 Jul 2022).

What should I read with Section 35 of the Surrogacy (Regulation) Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 35 of the Surrogacy (Regulation) Act come into force?

Section 35 of the Surrogacy (Regulation) Act, cited as Surrogacy (Regulation) Act 35, came into force on 25 Jan 2022, having been enacted on 25 Dec 2021. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.