Section40
The Surrogacy (Regulation) Act, 2021

Punishment for not following altruistic surrogacy

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 40 of the Surrogacy (Regulation) Act, 2021 deals with 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 co The Act came into force on 25 Jan 2022.

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

Section 40, 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.

Questions about Section 40

What does Section 40 of the Surrogacy (Regulation) Act deal with?

Section 40 of the Surrogacy (Regulation) Act is headed "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 co

How do I find court cases under Section 40 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 40, section 40 Surrogacy (Regulation) Act, section 40 of the Surrogacy (Regulation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 40 of the Surrogacy (Regulation) Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 40 of the Surrogacy (Regulation) Act come into force?

Section 40 of the Surrogacy (Regulation) Act, cited as Surrogacy (Regulation) Act 40, 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.