Rights of surrogate child
Section 8 of the Surrogacy (Regulation) Act, 2021 deals with rights of surrogate child. A child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force. The Act came into force on 25 Jan 2022.
A child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force.
Section 8, 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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XYZ v. Union of India (Bombay Surrogacy VHL)
Court's Decision & Legal Precedent
Surrogacy (Regulation) Amendment Rules 2023 donor-gamete prohibition is ultra vires the Surrogacy Act 2021 and contrary to Rule 14 woman-centric medical indications; when the intending wife’s condition (e.g. VHL syndrome) necessitates gestational surrogacy, donor gametes may be used consistently with the Act’s clinic/procedure and parentage framework protecting the surrogate child’s rights.
On this section: s.8 — surrogate child’s parentage rights pathway; intending couple may proceed with donor gametes under Act scheme
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Intending Couples v. Union of India (Karnataka Surrogacy Donor Gamete)
Court's Decision & Legal Precedent
Amended Form 2 (Mar 2023) prohibiting donor gametes for gestational surrogacy is ultra vires the Surrogacy (Regulation) Act 2021 and inconsistent with Rule 14 medical indications; a delegated form cannot override the Act/Rules regulating surrogacy clinics and procedures. Intending couples with Rule 14 conditions remain entitled to process Eligibility/Essentiality certificates, including pathways affecting the surrogate child’s parentage rights under the Act.
On this section: s.8 — rights of surrogate child; parentage/eligibility pathway preserved where donor gametes required under Rule 14
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 8
What have the courts held on Section 8 of the Surrogacy (Regulation) Act?
XYZ v. Union of India (Bombay Surrogacy VHL) (09 Feb 2024) is the leading judgment on this section among those set out below: s.8 — surrogate child’s parentage rights pathway; intending couple may proceed with donor gametes under Act scheme. Another 1 judgment on this section is set out below. They run from 2023 to 2024.
How do I find court cases under Section 8 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 8, section 8 Surrogacy (Regulation) Act, section 8 of the Surrogacy (Regulation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with XYZ v. Union of India (Bombay Surrogacy VHL) (09 Feb 2024).
When did Section 8 of the Surrogacy (Regulation) Act come into force?
Section 8 of the Surrogacy (Regulation) Act, cited as Surrogacy (Regulation) Act 8, 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 14 Oct 2026. This page is not a substitute for legal advice.