Prohibition and regulation of surrogacy clinics

     The Surrogacy (Regulation) Act was enacted in the year 2021 and the same came into force on 25 January 2022. This Act contains VIII Chapters and 54 Sections. Section 2 (zh) defines Surrogacy and Section 2(ze) defines Surrogacy Clinics.

What is Surrogacy - 

       As per Section 2 of the Said Act Defines Surrogacy, According to Section 2(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. 

What is Surrogacy Clinic -

         According to Section 2(ze) of the Surrogacy (Regulation) Act 2021 “surrogacy clinic” means surrogacy clinic, center or laboratory, conducting assisted reproductive technology services invitro fertilization services, genetic counseling center, genetic laboratory, Assisted Reproductive Technology Banks conducting surrogacy procedure or any clinical establishment, by whatsoever name called, conducting surrogacy procedures in any form. 

Prohibition and regulation of surrogacy clinics -

As per Section 3 of the said 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, pediatrician, gynecologist, 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 the honorary basis or on payment, who does not possess such qualifications as may be prescribed;

(iv) no registered medical practitioner, gynecologist, pediatrician, 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, gynecologist, pediatrician, 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, gynecologist, pediatrician, 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 the authorization of the same by the appropriate authority concerned:

   Provided that the authorization 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, gynecologist, pediatrician, 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, gynecologist, paediatrician, embryologist, intending couple or any other person shall in any form conduct or cause to be conducted sex selection for surrogacy. 

See also...

 The Surrogacy (Regulation) Act, 2021 (Introduction)

What is Surrogacy and what are Rights of Surrogate Child?