Transitional provision
Section 53 of the Surrogacy (Regulation) Act, 2021 deals with transitional provision. Subject to the provisions of this Act, there shall be provided a gestation period of ten months from the date of coming into force of this Act to existing surrogate mothers' to protect their well being. The Act came into force on 25 Jan 2022.
Subject to the provisions of this Act, there shall be provided a gestation period of ten months from the date of coming into force of this Act to existing surrogate mothers' to protect their well being.
Section 53, The Surrogacy (Regulation) Act, 2021 (Act 47 of 2021).
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.
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Master Eric Thind v. Union of India
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2023-11-23 (order-1.pdf): In granting sole guardianship/custody of a surrogacy-born infant to the biological father for overseas care, Court expressly invokes Art.45 (early childhood care and education) alongside Art.39(f) as constitutional policy anchoring the child’s welfare as paramount under parens patriae jurisdiction.
On this section: s.53 transitional provision read with prospective commencement — Act does not defeat guardianship/legitimacy claims arising from surrogacy completed before 25.01.2022.
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 53
What have the courts held on Section 53 of the Surrogacy (Regulation) Act?
Master Eric Thind v. Union of India (23 Nov 2023) is the leading judgment on this section among those set out below: s.53 transitional provision read with prospective commencement — Act does not defeat guardianship/legitimacy claims arising from surrogacy completed before 25.01.2022.
How do I find court cases under Section 53 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 53, section 53 Surrogacy (Regulation) Act, section 53 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 Master Eric Thind v. Union of India (23 Nov 2023).
When did Section 53 of the Surrogacy (Regulation) Act come into force?
Section 53 of the Surrogacy (Regulation) Act, cited as Surrogacy (Regulation) Act 53, 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 17 Oct 2026. This page is not a substitute for legal advice.