Presumption in the case of surrogacy
Section 42 of the Surrogacy (Regulation) Act, 2021 deals with presumption in the case of surrogacy. 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, proc The Act came into force on 25 Jan 2022.
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.
Section 42, 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 42
What does Section 42 of the Surrogacy (Regulation) Act deal with?
Section 42 of the Surrogacy (Regulation) Act is headed "Presumption in the case of surrogacy". 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, proc
How do I find court cases under Section 42 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 42, section 42 Surrogacy (Regulation) Act, section 42 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 42 of the Surrogacy (Regulation) Act, and has it changed?
Its own text turns on section 4 (Regulation of surrogacy and surrogacy procedures), section 40 (Punishment for not following altruistic surrogacy), so none of them can safely be read on its own.
When did Section 42 of the Surrogacy (Regulation) Act come into force?
Section 42 of the Surrogacy (Regulation) Act, cited as Surrogacy (Regulation) Act 42, 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
- 2. Definitions946 words
- 4. Regulation of surrogacy and surrogacy procedures844 words
- 50. Power to make rules696 words
- 3. Prohibition and regulation of surrogacy clinics422 words
- 38. Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy315 words
- 17. Constitution of National Assisted Reproductive Technology and Surrogacy Board301 words
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.