The Surrogacy (Regulation) Act, 2021 on 25th December 2021 has received the assent of the President to regulate the practice and process of surrogacy, constitute National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards.
The Act prohibits commercial surrogacy and allows only altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during pregnancy.
Further the surrogacy clinic for undertaking surrogacy or to render surrogacy procedures in any form shall be registered under this Act and every application for registration shall be made to the appropriate authority in such form, manner and shall be accompanied by such fees as may be prescribed.
Every surrogacy clinic which is conducting surrogacy or surrogacy procedures, partly or exclusively, shall, within a period of sixty days from the date of appointment of appropriate authority, apply for registration:
Provided that such clinic shall cease to conduct any such counselling or procedures on the expiry of six months from the date of commencement of this Act, unless such clinic has applied for registration and is so registered separately or till such application is disposed of, whichever is earlier.
Every certificate of registration shall be valid for a period of three years and shall be renewed in such manner and on payment of such fees as may be prescribed.