Written informed consent of surrogate mother
Section 6 of the Surrogacy (Regulation) Act, 2021 deals with written informed consent of surrogate mother. No person shall seek or conduct surrogacy procedures unless he has— (i) explained all known side effects and after effects of such procedures to the surrogate mother concerned; The Act came into force on 25 Jan 2022.
(1) No person shall seek or conduct surrogacy procedures unless he has—
(i) explained all known side effects and after effects of such procedures to the surrogate mother concerned; and
(ii) obtained in the prescribed form, the written informed consent of the surrogate mother to undergo such procedures in the language she understands.
(2) Notwithstanding anything contained in sub-section (1), the surrogate mother shall have an option to withdraw her consent for surrogacy before the implantation of human embryo in her womb.
Section 6, 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.
Referred to by 1
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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Subbulakshmi v. Union of India
Court's Decision & Legal Precedent
Madras HC DB dismissed intending couple’s challenge to State guidelines requiring surrogate-mother eligibility certificates from the surrogate’s home district. Administrative instructions implementing the Surrogacy Act/Rules are valid if they do not contradict the statute; district-based verification protects against forum-shopping and advances protective duties of Appropriate Authorities. Court examined ss.2,4,6,8,14 among others and directed fresh proper instructions given un-notified draft Forms 17/17B.
On this section: s.6 — written informed consent of surrogate mother; certificate/verification architecture tied to consent and eligibility disclosures
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 6
What have the courts held on Section 6 of the Surrogacy (Regulation) Act?
Subbulakshmi v. Union of India (25 Apr 2025) is the leading judgment on this section among those set out below: s.6 — written informed consent of surrogate mother; certificate/verification architecture tied to consent and eligibility disclosures.
How do I find court cases under Section 6 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 6, section 6 Surrogacy (Regulation) Act, section 6 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 Subbulakshmi v. Union of India (25 Apr 2025).
What should I read with Section 6 of the Surrogacy (Regulation) Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 6 of the Surrogacy (Regulation) Act come into force?
Section 6 of the Surrogacy (Regulation) Act, cited as Surrogacy (Regulation) Act 6, 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 16 Oct 2026. This page is not a substitute for legal advice.