Section36
The Surrogacy (Regulation) Act, 2021

Functions of appropriate authority

In force From 25 Jan 2022 Act 47 of 2021 As on 23 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 36 of the Surrogacy (Regulation) Act, 2021 deals with functions of appropriate authority. The appropriate authority shall discharge the following functions, namely:--- (a) to grant, suspend or cancel registration of a surrogacy clinic; The Act came into force on 25 Jan 2022.

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.

Section 36, 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.

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.36 functions — eligibility/clinic decisions are the authority's statutory functions; court enforces timely discharge

    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 36

What have the courts held on Section 36 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.36 functions — eligibility/clinic decisions are the authority's statutory functions; court enforces timely discharge.

How do I find court cases under Section 36 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 36, section 36 Surrogacy (Regulation) Act, section 36 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 36 of the Surrogacy (Regulation) Act, and has it changed?

Its own text turns on section 3 (Prohibition and regulation of surrogacy clinics), section 4 (Regulation of surrogacy and surrogacy procedures), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When did Section 36 of the Surrogacy (Regulation) Act come into force?

Section 36 of the Surrogacy (Regulation) Act, cited as Surrogacy (Regulation) Act 36, 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 23 Oct 2026. This page is not a substitute for legal advice.