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Surrogacy Act 2021 Key Insights

The document discusses key aspects of the Surrogacy (Regulation) Act of 2021 in India. It notes that the Act defines surrogacy as a woman carrying and giving birth to a child for an intended couple. It has 54 sections across 8 chapters. The Act aims to regulate surrogacy and prevent abuse by only allowing altruistic surrogacy. It also seeks to protect women's reproductive rights and implement regulations around eligibility of intended parents and rights of the surrogate mother.

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22 views1 page

Surrogacy Act 2021 Key Insights

The document discusses key aspects of the Surrogacy (Regulation) Act of 2021 in India. It notes that the Act defines surrogacy as a woman carrying and giving birth to a child for an intended couple. It has 54 sections across 8 chapters. The Act aims to regulate surrogacy and prevent abuse by only allowing altruistic surrogacy. It also seeks to protect women's reproductive rights and implement regulations around eligibility of intended parents and rights of the surrogate mother.

Uploaded by

rafaj81901
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Author,Yash Gupta is a third-year student of B.A.LL.B. (Hons.

) at the School of Law, Narsee Monjee Institute of


Management Studies, Bangalore. He is currently interning with LatestLaws.com.

1. In accordance with the Surrogacy (Regulation) Act of 2021, what exactly is surrogacy?

According to Section 2(zd) of the Surrogacy (Regulation) Act, 2021, the term "surrogacy" refers to the practice in which a
woman carries and gives birth to a child on behalf of an intended couple with the aim of giving over the child to the
intending couple after the birth of the child.

2. What is the total number of sections and chapters that are included in the Surrogacy (Regulation) Act of 2021?

There are a total of 54 sections that are included in the Surrogacy (Regulation) Act of 2021, which are incorporated into
eight chapters.

3. What were the reasons behind the implementation of the Surrogacy (Regulation) Act, 2021?

On January 25th, 2022, the aforementioned statute, which is more commonly known as the Surrogacy (Regulation) statute,
2021, came into force. In order to prevent those who have the financial means to abuse and take advantage of the
surrogacy option, the modified statute only allows for the practice of surrogacy to be performed for charity purposes.
Surrogacy for commercial purposes, as well as the trade of human gametes and embryos, are both prohibited by this law.

4. What do you consider to be the most important goal of the Surrogacy (Regulation) Act?

The Surrogacy (Regulation) Act, 2021 was taken into consideration by the Indian government in order to safeguard the
reproductive rights of women. With the exception of the surrogate mother's medical expenditures and her insurance
coverage, the Act intends to prohibit commercial surrogacy and encourage altruistic surrogacy without any payment being
made to the intended surrogate mother. Both foreign couples and intending Indian couples who already have a child are
prohibited from doing so as a result of the Act, which also places limitations on the opportunities available to members of
the LGBTQ community and single parents.

5. In accordance with the Surrogacy (Regulation) Act of 2021, who is considered a "intending woman"?

In accordance with the legislation, the term "intending woman" refers to an Indian woman who is between the ages of 35
and 45 and who is a widow or divorcee and who wants to make use of the surrogacy opportunities.

6. Can a surrogate mother withdraw her consent for surrogacy?

Before a human embryo is implanted in the surrogate mother's womb, the surrogate mother will, in fact, be able to
withdraw her consent to the surrogacy procedure.

7. Which Section talks about National Assisted Reproductive Technology and Surrogacy Registry?

In accordance with the provisions of Section 15 of the Surrogacy (Regulation) Act of 2021, a Registry that will be known
as the National Assisted Reproductive Technology and Surrogacy Registry will be established for the purp

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