The Surrogacy (Regulation) Act, 2021 — Bare Act, All Sections & Free PDF

The Surrogacy (Regulation) Act, 2021 is a landmark Indian legislation enacted to regulate surrogacy procedures and prohibit commercial surrogacy nationwide. Officially enforced on January 25, 2022, this Act replaced the older guidelines and effectively banned the exploitative commercial surrogacy industry that had proliferated under the unregulated system.

Its primary objective is to ensure ethical surrogacy practices by permitting only altruistic surrogacy for eligible, genuinely infertile Indian couples. The Act explicitly prohibits commercial surrogacy, banning the sale or purchase of human embryos and gametes. It strictly defines eligibility criteria, requiring the intending couple to be legally married, Indian citizens, and suffering from proven infertility.

Furthermore, the surrogate mother must be a close relative of the intending couple, acting out of altruism rather than financial compensation. By establishing the National and State Surrogacy Boards, the legislation creates a robust regulatory mechanism to oversee clinics, prevent exploitation of vulnerable women, and protect children comprehensively.

The Surrogacy (Regulation) Act, 2021 provides a comprehensive legal framework comprising six chapters and over fifty sections. Its scope strictly regulates surrogacy clinics, explicitly banning commercial surrogacy while permitting only altruistic arrangements for eligible, infertile Indian couples. Key provisions mandate that the surrogate mother must be a close relative, married, and have her own child, ensuring she is not financially exploited.

The intending couple must be legally married for five years and possess a medical certificate proving infertility. A significant structural change introduced by this legislation is the replacement of the commercial surrogacy industry with a strictly monitored altruistic model.

It established the National and State Surrogacy Boards to regulate clinical practices and enforce ethical standards. Companion laws, particularly the Assisted Reproductive Technology (Regulation) Act, 2021, intersect with this legislation. While the ART Act regulates broader fertility treatments, this Act specifically governs surrogacy arrangements.

Within the Indian justice system, this Act plays a vital role in preventing the commodification of women’s bodies. By criminalizing commercial surrogacy with stringent penalties, including imprisonment up to ten years and heavy fines, it effectively dismantles exploitative rackets, ensuring reproductive justice, safeguarding surrogate mothers, and protecting children born through these procedures across the entire nation.