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CHAPTER V
CHAPTER IV
V
ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) RULES, 2022
3.
5. Re-appointment of Members
STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD (APPOINTMENT OF EXPERT MEMBERS) RULES, 2022
1. Short title and commencement
2. Manner of appointment of Expert Members under clause (f) of section 27 of the Surrogacy (Regulation) Act, 2021 in States and Union Territories
3. Qualification and experience for Expert Members
4.
5. Re-appointment of
SURROGACY (REGULATION) RULES, 2022
1. Short title and commencement
2. Definitions
3. The requirement, and qualification for persons employed, at a registered surrogacy clinic
4.
5. Insurance coverage
6. Number of attempts of surrogacy procedure
7. Consent of a surrogate mother
8. Number of embryos to be implanted in the uterus of the surrogate mother 115
9. Conditions under which the surrogate mother may be allowed for abortion
10. Form and manner for registration and fee for a surrogacy clinic
11. Period, manner and form for certificate of registration
12. Appeal
13. Manner in which the seizure of documents, records, objects, etc., shall be made and seizure list shall be prepared and delivered 116
14. Medical indications necessitating gestational surrogacy 116 SCHEDULE 1
FORM 1: Application Form for Couple of Indian Origin/Intending woman for availing Surrogacy addressed to Board
FORM 2: Consent of the Surrogate Mother and Agreement for Surrogacy
FORM 3: Application Form - Registration of a Surrogacy Clinic
FORM 4: Certificate of Registration
FORM 5:
ASSISTED REPRODUCTIVE TECHNOLOGY REGULATIONS, 2023
1. Short title and commencement
2. The manner of retrieving the oocytes under clause (a) of section 24 125
3. The manner of placing the embryos in the uterus of a woman under clause (b) of section 24 125
SURROGACY REGULATIONS, 2023
1. Short title and commencement 126
2. The fulfilment of other condition under which eligibility certificate to be issued by the appropriate authority under sub-clause (c) of clause (iii) of section 4 126
3. The time and place of the meeting of the National Board and the procedure to be followed for the transaction of business at such meeting and the number of Members which shall form the quorum under sub-section (1) of section 19 126
4. The manner in which a person may be temporarily associated with the National Board under sub-section (1) of section 22 127
5. The time and place of the meetings of the State Board and the procedure to be followed for the transaction of business at such meetings and the number of Members which shall form the quorum under sub-section (1) of section 29 127
6. The manner in which a person may be temporarily associated with the State Board under sub-section (1) of section 32 127
SURROGACY (REGULATION) REMOVAL OF DIFFICULTIES ORDER, 2022
ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) AND SURROGACY (REGULATION) (REMOVAL OF DIFFICULTIES) ORDER, 2022
Assisted Reproductive Technology (Regulation) and Surrogacy (Regulation) (Removal of Difficulties) Order, 2022
Surrogacy (Regulation) Act, 2021
[47 OF 2021]1
An Act to constitute National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title and commencement.
1. (1) This Act may be called the Surrogacy (Regulation) Act, 2021.
(2)It shall come into force on such date as the Central Government may, by notification2 in the Official Gazette, appoint.
COMMENTS
SECTION NOTES
1.1 Short title
The Act is formally titled as “The Surrogacy (Regulation) Act, 2021.”
This title establishes the primary identification of the law for legal referencing and citation.
1.2 Commencement of the Act
The provision allows the Government to bring the Act into force in a phased manner or on a specific date [w.e.f. 25-1-2022] as deemed fit.
Definitions.
2. (1) In this Act, unless the context otherwise requires,— (a)“abandoned child” means a child born out of surrogacy procedure who has been deserted by his intending parents or guardians and declared as abandoned by the appropriate authority after due enquiry;
1. Dated 25-12-2021.
2. NOTIFICATION S.O. 292(E), DATED 20-1-2022—In exercise of the powers conferred by sub-section (2) of section 1 of the Surrogacy (Regulation) Act, 2021 (47 of 2021), the Central Government hereby appoints the 25th day of January, 2022 as the date on which the provisions of the said Act shall come into force.
(b) “altruistic surrogacy” means the surrogacy in which no charges, expenses, fees, remuneration or monetary incentive of whatever nature, except the medical expenses and such other prescribed expenses incurred on surrogate mother and the insurance coverage for the surrogate mother, are given to the surrogate mother or her dependents or her representative;
(
c) “appropriate authority” means the appropriate authority appointed under section 35;
(
d) “Assisted Reproductive Technology Act” means the Assisted Reproductive Technology (Regulation) Act, 2021;
(
e) “Board” means the National Assisted Reproductive Technology and Surrogacy Board constituted under section 17;
(
f) “clinical establishment” shall have the same meaning as assigned to it in the Clinical Establishments (Registration and Regulation) Act, 2010 (23 of 2010);
(
g) “commercial surrogacy” means commercialisation of surrogacy services or procedures or its component services or component procedures including selling or buying of human embryo or trading in the sale or purchase of human embryo or gametes or selling or buying or trading the services of surrogate motherhood by way of giving payment, reward, benefit, fees, remuneration or monetary incentive in cash or kind, to the surrogate mother or her dependents or her representative, except the medical expenses and such other prescribed expenses incurred on the surrogate mother and the insurance coverage for the surrogate mother;
(
h) “couple” means the legally married Indian man and woman above the age of 21 years and 18 years respectively;
(i) “egg” includes the female gamete;
(j) “embryo” means a developing or developed organism after fertilisation till the end of fifty-six days;
(
k) “embryologist” means a person who possesses any post-graduate medical qualification or doctoral degree in the field of embryology or clinical embryology from a recognised university with not less than two years of clinical experience;
(l) “fertilisation” means the penetration of the ovum by the spermatozoan and fusion of genetic materials resulting in the development of a zygote;
(m) “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth;
(
n) “gamete” means sperm and oocyte;
(o) “gynaecologist” shall have the same meaning as assigned to it in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994);
(p) “implantation” means the attachment and subsequent penetration by the zona-free blastocyst, which starts five to seven days following fertilisation;
(q) “insurance” means an arrangement by which a company, individual or intending couple undertake to provide a guarantee of compensation for medical expenses, health issues, specified loss, damage, illness or death of surrogate mother and such other prescribed expenses incurred on such surrogate mother during the process of surrogacy;
(r) “intending couple” means a couple who have a medical indication necessitating gestational surrogacy and who intend to become parents through surrogacy;
(
s) “intending woman” means an Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy;
(
t) “Member” means a Member of the National Assisted Reproductive Technology and Surrogacy Board or a State Assisted Reproductive Technology and Surrogacy Board, as the case may be;
(u) “notification” means a notification published in the Official Gazette;
(
v) “oocyte” means naturally ovulating oocyte in the female genetic tract;
(w) “Paediatrician” means a person who possesses a post-graduate qualification in paediatrics as recognised under the Indian Medical Council Act, 1956 (102 of 1956);
(x) “prescribed” means prescribed by rules made under this Act;
(y) “registered medical practitioner” means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 and whose name has been entered in a State Medical Register;
(z) “regulation” means regulations made by the Board under this Act;
(za) “sex selection” shall have the same meaning as assigned to it in clause (o) of section 2 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994);
(zb) “State Board” means the State Assisted Reproductive Technology and Surrogacy Board constituted under section 26;
(zc) “State Government” in relation to Union territory with Legislature, means the Administrator of the Union territory appointed by the President under article 239 of the Constitution;
(zd) “surrogacy” means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth;
(ze) “surrogacy clinic” means surrogacy clinic, centre or laboratory, conducting assisted reproductive technology services, in vitro fertilisation services, genetic counselling centre, genetic laboratory, Assisted Reproductive Technology Banks conducting surrogacy procedure or any clinical establishment, by whatsoever name called, conducting surrogacy procedures in any form;
(zf) “surrogacy procedures” means all gynaecological, obstetrical or medical procedures, techniques, tests, practices or services involving handling of human gametes and human embryo in surrogacy;
(zg) “surrogate mother” means a woman who agrees to bear a child (who is genetically related to the intending couple or intending woman) through surrogacy from the implantation of embryo in her womb and fulfils the conditions as provided in sub-clause (b) of clause (iii) of section 4; (zh) “zygote” means the fertilised oocyte prior to the first cell division.
(2) Words and expressions used herein and not defined in this Act but defined in the Assisted Reproductive Technology Act shall have the meanings respectively assigned to them in that Act.
COMMENTS
SECTION NOTES
2.1 “Abandoned Child” [Section 2(a)]
Refers to a child born through surrogacy who is deserted by the intending parents or guardians. The child must be formally declared abandoned by the appropriate authority after a due enquiry.
2.2 “Altruistic Surrogacy” [Section 2(b)]
A type of surrogacy where the surrogate mother does not receive payment or monetary compensation, except for:
Medical expenses and other prescribed expenses.
2.3 “Commercial Surrogacy” [Section 2(g)]
This term refers to the commercialization of surrogacy, including the sale or purchase of embryos, gametes, or surrogate services.
Under commercial surrogacy, the surrogate mother receives financial compensation beyond medical expenses, which distinguishes it from altruistic surrogacy.
2.4 “Couple” [Section 2(h)]
Refers to a legally married Indian couple, with both individuals meeting the age criteria: The man must be 21 years or older and The woman must be 18 years or older.
2.5 “Embryo” [Section 2(j)]
Defined as a developing organism from fertilization until the end of 56 days, representing the early stages of human life.
2.6 “Embryologist” [Section 2(k)]
A professional with post-graduate or doctoral qualifications in embryology and at least two years of clinical experience in the field.
2.7 “Fertilisation” [Section 2(l)]
The process where the sperm and egg unite, forming a zygote, which is the first stage of embryonic development.
2.8 “Foetus” [Section 2(m)]
The term for a human organism in the developmental stage from 57 days after fertilization until birth, excluding any period during which its development is suspended.
2.9 “Implantation” [Section 2(p)]
The process where a fertilized embryo attaches to the uterine wall, beginning 5 to 7 days after fertilization.
2.10 “Insurance”
Refers to a compensation arrangement that covers: The medical expenses, health issues, and other prescribed expenses. Related to the surrogate mother during the surrogacy process.
2.11 “Intending Couple” [Section 2(r)]
Refers to a legally married couple who, due to medical reasons, require gestational surrogacy to become parents.
2.12 “Intending Woman” [Section 2(s)]
A widowed or divorced Indian woman between 35-45 years of age who intends to use surrogacy to have a child.
2.13 “Paediatrician” [Section 2(w)]
A doctor who specializes in child health and holds a post-graduate qualification in paediatrics.
2.14 “Registered Medical Practitioner” [Section 2(y)]
A medical professional whose name is officially registered with a State Medical Register.
2.15 “Sex Selection” [Section 2(za)]
As defined in section 2(o) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, It refers to any action intended to select the sex of a child, which is prohibited by law.
2.16 “State Government” [Section 2(zc)]
In the context of a Union Territory with a legislature, this refers to the Administrator appointed by the President.
2.17 “Surrogacy” [Section 2(zd)]
The practice of a woman bearing and giving birth to a child for an intending couple with the intent to hand over the child after birth.
2.18 “Surrogacy Clinic” [Section 2(ze)]
A clinic, center, or laboratory conducting assisted reproductive technology services related to surrogacy.
This includes clinics that provide In Vitro Fertilization (IVF) services, genetic counseling, and other surrogacy-related medical procedures.
2.19 “Surrogacy Procedures” [Section 2(zf)]
Encompasses all the medical procedures and services associated with surrogacy, including the handling of human gametes and embryos.
2.20 “Surrogate Mother” [Section 2(zg)]
A woman who agrees to carry and give birth to a child through surrogacy, genetically related to the intending couple or woman, and meets the conditions set out in section 4.
2.21 “Zygote” [Section 2(zh)]
Refers to the fertilized egg (oocyte) prior to the first cell division.
The zygote is the first stage in the development of an embryo.
REGULATION OF SURROGACY CLINICS
Prohibition and regulation of surrogacy clinics.
3. On and from the date of commencement of this Act,—
(i) no surrogacy clinic, unless registered under this Act, shall conduct or associate with, or help in any manner, in conducting activities relating to surrogacy and surrogacy procedures;
(ii) no surrogacy clinic, paediatrician, gynaecologist, embryologist, registered medical practitioner or any person shall conduct, offer, undertake, promote or associate with or avail of commercial surrogacy in any form;
(
iii) no surrogacy clinic shall employ or cause to be employed or take services of any person, whether on honorary basis or on payment, who does not possess such qualifications as may be prescribed;
(
iv) no registered medical practitioner, gynaecologist, paediatrician, embryologist or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person surrogacy or surrogacy procedures at a place other than a place registered under this Act;
(
v) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist or any other person shall promote, publish, canvass, propagate or advertise or cause to be promoted, published, canvassed, propagated or advertised which—
(a) is aimed at inducing or is likely to induce a woman to act as a surrogate mother;
(b) is aimed at promoting a surrogacy clinic for commercial surrogacy or promoting commercial surrogacy in general;
(c) seeks or aimed at seeking a woman to act as a surrogate mother;
(d) states or implies that a woman is willing to become a surrogate mother; or
(
e) advertises commercial surrogacy in print or electronic media or in any other form;
(
vi) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist, intending couple or any other person shall conduct or cause abortion during the period of surrogacy without the written consent of the surrogate mother and on authorisation of the same by the appropriate authority concerned:
Provided that the authorisation of the appropriate authority shall be subject to, and in compliance with, the provisions of the Medical Termination of Pregnancy Act, 1971 (34 of 1971);
(vii) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist, intending couple or any other person shall store a human embryo or gamete for the purpose of surrogacy:
Provided that nothing contained in this clause shall affect such storage for other legal purposes like sperm banks, IVF and medical research for such period and in such manner as may be prescribed;
(viii) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist, intending couple or any other person shall in any form conduct or cause to be conducted sex selection for surrogacy.
COMMENTS
SECTION NOTES
3.1 Registration requirement for surrogacy clinics [Section 3(i)]
Clause (i) mandates that no surrogacy clinic can engage in or assist with surrogacyrelated activities unless it is registered under this Act.
3.2 Prohibition of commercial surrogacy [Section 3(ii)]
Clause (ii) strictly prohibits surrogacy clinics, medical professionals, or anyone else from participating in or promoting commercial surrogacy.
This applies to offering, promoting, or engaging in surrogacy that involves monetary compensation outside the prescribed limits i.e., except for medical and other allowable expenses.
3.3 Qualifications of personnel [Section 3(iii)]
Clause (iii) requires that only individuals with the qualifications prescribed under the Act can be employed in surrogacy clinics.
3.4 Restrictions on conducting surrogacy procedures at unregistered places [Section 3(iv)]
Clause (iv) prohibits the conducting or aiding of surrogacy procedures at any place that is not registered under the Act.
3.5 Prohibition of surrogacy promotion and advertisement [Section 3(v)]
Clause (v) sets strict rules against any form of promotion, advertisement, or canvassing for surrogacy services. This provision prohibits:
Efforts to induce women to become surrogate mothers.
Promoting surrogacy clinics involved in commercial surrogacy.
Solicitation of women to act as surrogate mothers.
Statements that imply a woman’s willingness to be a surrogate mother.
Advertising of commercial surrogacy in any form, including print and electronic media.
3.6 Abortion during surrogacy [Section 3(vi)]
Clause (vi) prohibits performing an abortion during surrogacy without the written consent of the surrogate mother and prior authorization from the appropriate authority.
3.7 Storage of human embryos and gametes [Section 3(vii)]
Clause (vii) prohibits the storage of human embryos or gametes specifically for surrogacy purposes.
Surrogacy (Regulation) Act 2021 with Rules – Bare Act with Section Notes
AUTHOR : Taxmann’s Editorial Board
PUBLISHER : Taxmann
DATE OF PUBLICATION : January 2026
EDITION : 2026 Edition
ISBN NO : 9789375617198
No. of Pages : 144
BINDING TYPE : Paperback
Rs. 195
DESCRIPTION
Surrogacy (Regulation) Act 2021 with Rules [Bare Act with Section Notes] by Taxmann is a comprehensive and updated statutory publication that consolidates the complete legal framework governing surrogacy in India. This Edition brings together the principal Act along with the connected Rules, Regulations, Removal of Difficulties Orders, and section-wise explanatory notes, enabling readers to understand both the statutory provisions and their practical application. The Bare Act is presented in a clear, reader-friendly format, with precise statutory text and contextual section notes, ensuring ease of reference and interpretative clarity for stakeholders involved in surrogacy, assisted reproductive technology (ART), and allied regulatory processes.
This book is intended for the following audience:
• Advocates & Legal Practitioners
• Judges & Judicial Officers
• Medical Professionals & Surrogacy Clinics
• Policy Makers & Regulators
• Law Students & Academicians
• Compliance Officers & Hospital Administrators
The Present Publication is the 2026 Edition, covering the amended and updated text of the Surrogacy (Regulation) Act [Act No. 47 of 2021] and Rules, with the following noteworthy features:
• [Complete Legal Text] Presents the Surrogacy (Regulation) Act 2021 in a clear Bare Act format, incorporating all amendments, notifications, and updates
• [Pre-amendment Provisions] Includes earlier versions of amended provisions through amendment footnotes for tracking legislative changes
• [Section-wise Notes & Comments] Concise notes explaining scope, intent, definitions, conditions, and compliance aspects
• [Related Rules & Regulations] Covers the Surrogacy (Regulation) Rules 2022; Assisted Reproductive Technology (Regulation) Act 2021; ART Rules 2022; ART Regulations 2023; and Surrogacy Regulations 2023
• [Supplementary Notifications & Orders] Incorporates relevant Removal of Difficulties Orders and allied notifications
• [Clarity & Accessibility] Structured layout and simplified presentation for quick reference and in-depth study
• [Authored & Published by Experts] Published by Taxmann, ensuring statutory accuracy and editorial reliability