# The Surrogacy (Regulation) Act, 2021, Section 42: Presumption in the case of surrogacy

- Act: The Surrogacy (Regulation) Act, 2021 (Act 47 of 2021)
- In force from: 2022-01-25
- Ministry: Ministry of Health and Family Welfare
- Source URL: https://indiacode.ecourtsindia.com/surrogacy-regulation-act-2021/section/42/

## Text

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.

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