Surrogacy law

ChandanLawyersclub (Querist) 27 April 2013 This query is : Resolved
Dear Experts
Pl. help to understand below two issues

1.Can unmarried women become a surrogate mother for childless couple, contract will be signed by his parents and her with expected parents?
2.Both husband and wife has signed contract with surrogate for renting womb, conception will be done by IUI/IVF on surrogate, can wife file adultery case on husband after some years even though she has signed a contract with surrogate along with her husband?
Thx

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prabhakar singh (Expert) 27 April 2013
It's India’s $2.5 billion surrogacy industry.

India’s Home Ministry circulated late last year to Indian missions abroad, stipulating that gay couples, single men and women, unmarried couples and couples from countries where surrogacy is illegal be prohibited from hiring a commercial surrogate in India.
They should be the new rule says, “[who] are duly married and the marriage should be sustained at least two years.

A surrogate mother means a woman who agrees to have an embryo generated from the sperm of a man who is not her husband and the
oocyte of another woman, implanted in her to carry the pregnancy to full term and deliver the child to its biological parent(s).Her age should NOT be below 21 years and she must be able to give free consent on her own.Her parents have no role in it.
Utmost they can be signatory as no objector or as witness.

ajay sethi (Expert) 27 April 2013
you have not mentioned age of suurogate mother .

if wife has signed contrcat for surrgacy no case of adultery is made out .

ChandanLawyersclub (Querist) 27 April 2013
Thnx sir
Some more information required

1.Age of surrogate is 22 years who will donate ovum also, since wife has infertility issue because ovum quality. Surrogate is unmarried, willing to rent her womb to married couple who are married from last 10 years Indian citizen.
2.Even though wife is ready to sign contract with surrogate, husband is bit worried wife may misuse it as adultery after some years child is born. Surrogates egg will be used for fertilization, Ovum(egg) has DNA of surrogate mother, which child will carry 50%.
Pl. give your view considering above information.

prabhakar singh (Expert) 27 April 2013
The practice of surrogacy is very recent.
There are both pros and cons sides of scholars and judicially there are no final pronouncements in my knowledge.

Then nothing can be said with certainty about the question posed only on the ground that in the event of existence of a tri party contract it would not amount ADULTERY for we can not agree to do offences states
makes acts forbidden.

But the strong argument in favor of surrogation would not amount to adultery is that if a legislated law allows a surrogation lawful then even if it omits to state specifically the same not to amount adultery,must not be considered to be an adultery in the very special circumstances of a case of surrogation.

prabhakar singh (Expert) 27 April 2013
There was Bill in 2008 followed by a Bill in 2012(new circular w.e.f.jan 2013)but in my knowledge no legislation has finally been passed.

SURROGACY (REGULATION AND CONTROL) BILL, 2012

An Act to provide for national framework for the accreditations, regulation and control of surrogacy, for recognition of the contractual transaction which occur between parties to carry out surrogacy, protect the surrogate mother, child and commissioning parents, for prevention of misuse of assisted reproductive techniques and to ensure safe and ethical delivery of surrogate babies.

WHEREAS it is understood that the practice of surrogacy for begetting children is already prevalent in India, it is considered necessary to ensure that the practice is not misused

AND WHEREAS it is essential to bring uniformity of the laws applicable to surrogacy to prevent the exploitation of the surrogate mother and child

AND WHEREAS it is considered essential to grant license to medical practitioner involved in surrogacy to regulate and keep record of the incidents of surrogacy, prevent health hazards to surrogate mother and child.

It is further understood that it is the state legislature’s prerogative to enact laws regulating surrogacy under Entry 6 of List II of the Seventh Schedule. However to provide a cohesive and unified national framework to regulate citizenship and other incidental issues involved in this Act, the Parliament considers it appropriate to pass this Bill Article 252 (1) of the Constitution after taking the consent of two state legislative assemblies.

Be it enacted by Parliament in the Sixty-second year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. Short title, extent, commencement and application –
(1) This Act may be called the Surrogacy (Regulation and Control) Act 2012.

(2) It applies, in the first instance, to the whole States of ………………….and……………….. and the Union Territories; and it shall apply to such other States which adopt this Act by resolution passed in that behalf under clause (1) of Article 252 of the Constitution.

(3) It shall come into force from such date in the states of …………………..and…………….. and the Union territories as the Central government may, by notification appoint and in other states from the date on which they adopt this Act under clause (1) of Article 252 of the Constitution, on the date of such adoption; and any reference in this Act to the commencement of this Act shall, in relation to any State or Union Territory, mean the date on which this Act comes into force in such a State or Union Territory.

2. Definitions – In this Act and any rules framed hereunder, unless the context otherwise requires-
a) “Adjudicating Officer” means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge of a Family Court established under section 3 of the Family Court Act, 1984.

b) Child means any individual born through assisted reproductive techniques.

c) Commissioning parents means parents who approach a doctor who is authorised to provide surrogacy services under this Act and Rules.

d) “Couple”, means two persons living together and having a sexual relationship that is legal in India.

e) Doctor means any registered medical practitioner in India who has fulfilled all appropriate conditions under this Act and Rules framed hereunder to provide surrogacy services.

f) “Infertility” means the inability to conceive after at least one year of unprotected coitus or an anatomical/physiological condition that would prevent an individual from having a child.

g) “Local Guardian” means the person suggested by commissioning parents and legally responsible for the care of the surrogate mother and child.

h) “Married couple” means two persons whose marriage is legal in the country/countries of which they are citizens.

i) “Surrogacy”, means an arrangement in which a woman agrees to a pregnancy, achieved through assisted reproductive technology, in which neither of the gametes belong to her or her husband, with the intention to carry it and hand over the child to the person or persons for whom she is acting as a surrogate;

j) “Surrogate mother”, means a woman who is a citizen of India and is resident in India, who agrees to have an embryo generated from the sperm of a man who is not her husband and the oocyte of another woman, implanted in her to carry the pregnancy to viability and deliver the child to the couple / individual that had asked for surrogacy;

k) “Surrogacy agreement”, means a contract between the person(s) availing of assisted reproductive technology and the surrogate mother;

l) “Unmarried couple”, means two persons, both of marriageable age, living together with mutual consent but without getting married, in a relationship that is legal in the country / countries of which they are citizen.

Chapter II

Establishment of the Authorities to regulate Surrogacy

3. Establishment of National Advisory Board –
1) With effect from such date as the Central Government may, by notification, appoint, there shall be established a Board to be known as the National Advisory Board for Surrogacy, hereafter referred to as the National Board, to exercise the jurisdiction and powers and discharge the functions and duties conferred or imposed on the Board by or under this Act.

2) The National Board shall consist of such number of members, not exceeding fifteen, as may be prescribed by the Central Government and, unless the rules otherwise provide, the National Board shall consist of the following –

a) Secretary, Department of Health Research, Government of India, who shall be the Chairman of the Board;

b) An eminent Doctor with expertise in surrogacy nominated by Department of Health Research, Government of India.

c) A Legal Expert knowledgeable in the field of surrogacy nominated by the Union Ministry of Law and Justice;

d) An eminent medical researcher with expertise in the field of surrogacy

e) Up to eleven other experts – of whom one each shall be a nominee of the Ministry of Health and Family Welfare and Indian Council of Medical Research, and at least six of whom shall be women – in the fields of assisted reproduction, gynecology, embryology, andrology, bioethics, mammalian reproduction, medical genetics, social science, law, or human rights to be nominated by the President.

3) The Chairman of National Board shall nominate a Vice Chairman from among its members.

4. Meeting of National Advisory Board –
1) The National Board shall meet as and when necessary, not less than two times a year and at such time and place in the country as the Chairperson of the National Board may think fit.

2) The Chairman of the National Advisory Board shall preside on the meeting of the National Advisory Board.

3) The Vice-Chairman shall preside on the meeting of the National Advisory Board whenever Chairman cannot attend the meeting.

5. Functions of National Advisory Board –
1) The National Board may recommend modification in the rules and regulation from time to time whenever it feels necessary, and perform any other functions and tasks assigned to it by the Central Government:

a) prescribe minimum qualification for the eligibility to become a doctor for surrogacy

b) minimum requirements related to staff and physical infrastructure for the various categories of surrogacy clinics

c) regulations in respect of selection of commissioning parents and surrogate mother

d) encouragement and promotion of training and research in the field of surrogacy

e) policies from time to time on assisted surrogacy.

6. Establishment of State Boards:
1) The State Government on the issue of notification under sub-section (1) of Section in the official gazette, establish a state board for surrogacy to exercise the jurisdiction and powers and discharge of the function and duties conferred or imposed on the state board under this Act.

2) The State Board shall consist of such number of members, not exceeding ten, as may be prescribed by the State Government and, unless the rules otherwise provide, the State Board shall consist of the following –

a) Secretary, State Department of Health and Family Affair, who shall be the Chairman of the Board;

b) An eminent Doctor with expertise in surrogacy nominated by the state department of Health and Family Affair

c) A Legal Expert knowledgeable in the field of surrogacy nominated by the Department of Law;

d) Up to seven other experts – of whom one each shall be a nominee of the State Department of Health and Family Welfare, and at least three of whom shall be women – in the fields of assisted reproduction, gynecology, embryology, andrology, bioethics, mammalian reproduction, medical genetics, social science, law, or human rights to be nominated by the Governor.

3) The Chairman of State Board shall nominate a Vice Chairman from among its members.

7. Meeting of State Board –
1) The State Board shall meet as and when necessary, not less than four times a year and at such time and place in the state as the Chairperson of the State Board may think fit.

2) The Chairman of the State Advisory Board shall preside on the meeting of the State Advisory Board.

3) The vice-chairman shall preside on the meeting of the State Advisory Board whenever Chairman cannot attend the meeting.

8. Power and Functions of the State Board –
1) Subject to the provisions of this Act and the rules and regulations adopted there under the State Board shall have the responsibility for laying down the policies and plans for surrogacy;

2) The State Board, taking into account the recommendations, policies and regulations of the National Board, may:

a) Issue license to the medical practitioner under the guidelines of National Advisory Board under section 5 (1) (a).

b) Issue guidelines for counseling and providing surrogate mother with all necessary information and advice on various aspects of assisted reproductive technology procedures;

c) obtain information from commissioning parents and surrogate mothers, consent forms for various procedures, and contracts and / or agreements between the various parties involved, in any of the language listed in the Eighth Schedule of the Constitution;

d) establish and monitor such number of regional body as it may deem fit, to maintain a record of surrogate mother and child, to perform time to time inspection of such clinics as defined under section 5 (b) and other incidental functions as may be prescribed by the State Board by making rules from time to time;

e) coordinate the enforcement and implementation of the policies and guidelines for assisted reproduction;

3) In the exercise of its functions under this Act, the State Board shall give such directions or pass such orders as are necessary, with reasons to be recorded in writing.

9. Term of office, conditions of service, etc., of Chairperson and other members of State Boards – The State Government shall make rules prescribing the salary, tenure, condition of service and conduct of business within 120 days of the enactment of the act or adoption by state legislature, as the case may be.
Chapter III

Procedure for Registration

10. Registration and Accreditation Doctor –
1) Any medical practitioners shall, within such period and in such for and manner as may be prescribed, apply for the license to practice surrogacy in his clinic.

2) An application for registration by medical practitioner under sub-section (a) of this section shall contain the particulars of the applicant including all details of his qualification, experience in research on surrogacy, infrastructure including staff and technology at his clinic.

3) Any medical practitioner who applies for license shall obtain a temporary registration within nine months of such application by the State Board, and regular registration within 24 months of the above application.

4) If a medical practitioner has applied for temporary registration under this section to the State Board, the State Board shall process the application and convey the decision within the time period of 60 days of receipt of application.

5) No medical practitioner, other than the ones specified above, shall practice or carry out or use any premises for the purpose of surrogacy, without a registration under this Act.

6) Every application under sub-section (2) of this section shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the State Government.

11. Grant of Registration –
1) The State Board may, if it is satisfied that the criteria specified in the Rules have been met may grant registration to the applicant for a term of three years under such terms and conditions as it thinks fit.

2) The State Board shall maintain a record of all registrations applied for and granted under this section.

3) No registration shall be granted unless the Regional body established under section 8 (2) (d), or such authorized person or persons acting on its behalf, have inspected the premises of the applicant and reported it to State Board.

12. Renewal, suspension or revocation of registration –
1) The State Board may, on an application made to it in such form and manner as may be prescribed, renew a registration granted under the provisions of this Act with effect from the date of its expiry if it is satisfied that the criteria prescribed in the Schedule continue to be met.

2) The State Board may at any time suspend the operation of a registration and call upon the holder of the registration to produce such documents or furnish such evidence as may be required if it has reasonable grounds to believe that the terms and conditions of the registration have not been met.

3) When acting under sub-section (2) of this section, the State Board shall either revoke the registration or continue the registration, as the case may be, after giving the holder of the registration adequate opportunity to be heard.

4) The Registration Authority shall be deemed to have granted renewal for three years to the applicant if the applicant does not receive a definitive communication from the Registration Authority regarding the renewal application within sixty days of the receipt of the application in the office of the Registration Authority.

Chapter IV

General Duties of the Doctor

13. The doctor shall –
1) ensure that commissioning parents and surrogate mothers are eligible to avail surrogacy procedure procedures under the criteria prescribed by the rules under this Act and that they have been medically tested for such diseases, sexually transmitted or otherwise, as may be prescribed and all other communicable diseases which may endanger the health of the parents, or any one of them, surrogate or child.

2) It shall be the responsibility of the doctor to obtain, from Commissioning parents and surrogate mother, all relevant information and disclose them to the regional body set up by the State Board under the Act.

3) The doctor shall sign a bond certifying that he shall not disclose the identity of commissioning parents or surrogate mother to any individual (s) other than regional body set up by state board which has jurisdiction on such medical practitioner; the medical practitioner shall also ensure that his staff does not disclose any information as stated above.

4) Either of the parties seeking surrogacy procedure shall be entitled to specific information in respect of donor of gametes including, but not restricted to, height, weight, ethnicity, skin colour, educational qualifications, medical history of the donor, provided that the identity, name and address of the donor is not made known.

5) Doctor shall provide professional counseling to commissioning parents or individuals about all the implications and chances of success of Surrogacy procedures in the clinic and in India and internationally, and shall also inform commissioning parents and individuals of the advantages, disadvantages and cost of the procedures, their medical side effects, risks including the risk of multiple pregnancy, the possibility of adoption, and any such other matter as may help the couple or individual arrive at a decision that would be most likely to be the best for the couple or individual.

6) Doctor shall make couples or individuals, as the case may be, aware of the rights of a child born through the use of assisted reproductive technology.

7) No doctor shall consider conception by surrogacy for Commissioning parents for whom it would normally be possible to carry a baby and any contravention of this clause shall be an offence punishable under the Act

Exception – where it is determined that unsafe or undesirable medical implications of such conception may arise, the use of surrogacy may be permitted.

8) No assisted reproductive technology procedure shall be performed on a woman below 21 years of age or above 35 years of age, and any contravention of this stipulation shall amount to an offence punishable under this Act.

14. Duty of the doctor to obtain written consent –
1) No doctor shall perform any treatment or procedure of surrogacy without the consent in writing of all the parties seeking surrogacy, to all possible stages of such treatment or procedures.

2) No doctor shall perform surrogacy without the consent in writing of the spouse of surrogate mother, in case that the woman is married.

No such consent as defined in above shall be required if the couple are living under judicial separation or divorce.

3) The consent of any of the parties obtained under this section may be withdrawn at any time before the embryos or the gametes are transferred to the concerned woman’s uterus.

15. Duty of Doctor to keep accurate records –
1) All doctors shall maintain detailed records, in such manner as may be prescribed, of all donor oocytes, sperm or embryos used the manner and technique of their use, and the individual or couple or surrogate mother, in respect of whom it was used.

2) All doctors will, as and when such Surrogacy clinic are established, put on line all information available to them in regard to progress of the commissioning parents (such as biochemical and clinical pregnancy) within seven days of the information being available, withholding the identity of the commissioning parents.

3) Records maintained under sub-section (1) of this section shall be maintained for at least a period of ten years, upon the expiry of which the surrogacy clinic shall transfer the records to a central database of national Advisory Board

4) In the event of the closure of any surrogacy clinic before the expiry of the period of ten years under sub-section (2) of this section, the surrogacy clinic shall immediately transfer the records to a central database of National Advisory Board.

16. Sex selection –
1) No doctor shall offer to provide a couple with a child of a pre-determined sex or perform sex-determination test.

2) No doctor shall knowingly provide, prescribe or administer anything that would ensure or increase the probability that an embryo shall be of a particular sex, or that would identify the sex of an in vitro embryo, except to diagnose, prevent or treat a sex-linked disorder or disease.

3) No doctor will carry out any surrogacy procedure to separate, or yield fractions enriched in sperm of X or Y variations.

4) Any contravention of stipulation under sub-section 1, 2, 3 and 4 of this section shall amount to an offence under this Act.

Chapter V

Directions for the surrogate mother and commissioning parents

17. Surrogate Mother shall –
1) undergo Health test and be medically tested for such diseases, sexually transmitted or otherwise, as may be prescribed and all other communicable diseases which may endanger the health of surrogate or child

2) Enter into a contract with commissioning parents, mutually agreeing upon the terms of the contract.

3) Not be allowed to carry more than five children, including her own natural children in her lifetime.

4) Not undergo abortion, induced or voluntary of the child, contravention of which shall be an offence under Termination of Pregnancy Act.

5) Any woman agreeing to act as a surrogate shall be duty-bound not to engage in any act that would harm the fetus during pregnancy and the child after birth, until the time the child is handed over to the designated person(s).

6) Relinquish all parental rights over the child which may be conceived from her gamete.

7) If married obtain written consent from his spouse to undergo surrogacy and decision of such spouse shall be final, if the surrogate mother is not in the state to reach decision, whenever any medical complication arises.

Exception – If surrogate mother is in the state to decide upon such issue as described in the section 16 (7), her decision shall be final.

8) Not give birth to more than five successful children including her own children.

18. Commissioning parent(s) shall –
1) Shall not be allowed to obtain more than two children through surrogacy.

2) Shall bear all medical expenditure or any other expenditure of the surrogate mother which might occur due to pregnancy.

3) Shall make financial arrangement(s) and nominate a guardian for the child, who shall take responsibility as to the upbringing of the child in case of divorce, death or any other circumstance(s), which makes them unavailable at the time of successful delivery.

4) Shall make arrangement for monetary compensation or provide for insurance cover to the surrogate mother, in the event of death or any other serious medical condition(s) which might result, during or within one year of completion of surrogacy, as a result of such surrogacy.

5) Shall undertake a bond to produce any document, report or data, whenever demanded by the state board or national board established under the act, within 60 days from the date of such demand to look into the well being of the child

6) Shall not have the service of more than one surrogate at any given time.

7) Shall be legally bound to accept the custody of the child / children irrespective of any abnormality that the child / children may have, and the refusal to do so shall constitute an offence under this Act.

19. Direction to commissioning parents(s) who are foreign citizen(s) –
1) The commissioning parents shall nominate a local guardian, who must be an Indian Citizen, and shall be responsible to the surrogate mother and the child.

a) Such Guardian under this section shall be responsible for the welfare of the child, before or after birth, as the case may be, if the commissioning parents fail to carry child overseas due to any reason, contravention of which shall be an offence under the Act.

Notwithstanding anything contained in this act, the child will be granted Indian Citizenship for the purpose of the above section.

b) The local guardian shall have the duty to produce any document, report or data concerning the commissioning parents or the child, before or after, the child is born, whenever demanded by the state board or national board within 90 days from the date of such demand.

Notwithstanding anything contained in this act, the child will be granted Indian Citizenship for the purpose of the section 18 (1) (a).

2) Commissioning parents shall produce certificate from doctor of their country and other such documents to ensure legality of such child in their country, including documents to ensure citizenship for the child.

3) Commissioning Parents under this section shall produce other such documents as the State Board prescribes by rules to ascertain their identity and integrity.

CHAPTER VI

RIGHTS OF THE SURROGATE CHILD

20. Right of the child to information about surrogates –
1) A child may, upon reaching the age of 18, ask for any information, excluding personal identification, relating to the surrogate mother.

2) The legal guardian of a minor child may apply for any information, excluding personal identification, about his / her genetic parent or parents or surrogate mother when required, and to the extent necessary, for the welfare of the child.

3) Personal identification of the genetic parent or parents or surrogate mother may be released only in cases of life threatening medical conditions which require physical testing or samples of the genetic parent or parents or surrogate mother.

Provided, such personal identification will not be released without the prior informed consent of the genetic parent or parents or surrogate mother.

21. Determination of status of the child –
1) A child born to a married couple through the use of assisted reproductive technology shall be presumed to be the legitimate child of the couple, having been born in wedlock and with the consent of both spouses, and shall have identical legal rights as a legitimate child born through sexual intercourse.

2) A child born to an unmarried couple through the use of assisted reproductive technology, with the consent of both the parties, shall be the legitimate child of both parties.

3) In the case of a single woman the child will be the legitimate child of the woman, and in the case of a single man the child will be the legitimate child of the man.

4) In case a married or unmarried couple separates or gets divorced, as the case may be, after both parties consented to the assisted reproductive technology treatment but before the child is born, the child shall be the legitimate child of the couple.

5) A child born to a woman artificially inseminated with the stored sperm of her dead husband shall be considered as the legitimate child of the couple.

6) The birth certificate of a child born through the use of assisted reproductive technology shall contain the name or names of the parent or parents, as the case may be, who sought such use.

7) If a foreigner or a foreign couple seeks sperm or egg donation, or surrogacy, in India, and a child is born as a consequence, the child, even though born in India, shall not be an Indian citizen.

CHAPTER VII

Offences and Penalties

22. Offences and penalties –
1) Any doctor who renders his professional or technical services to such facility, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made here under, shall be punishable with imprisonment for a term which may extend to three years and / or with fine which may be specified, and on any subsequent conviction, with imprisonment which may extend to five years and / or fine which may be specified.

2) Any commissioning parent(s) who opts for surrogacy in spite of both of them being fertile and competent to beget a child shall be punished with imprisonment up to three years and/or fine which may be specified.

3) Whoever advertises any service for conducting surrogacy shall be punished with imprisonment for a term which may extend to one year and/or fine.

4) Whoever contravenes any of the provisions of this Act or any rules made hereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may be specified, or with both, and in the case of continuing contravention, with an additional fine which may be specified.

5) Where any offence, punishable under this Act has been proven to be committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

23. Offence to be cognizable and non-bailable – Every offence under this Act shall be cognizable and non-bailable.
24. Trial of the offences – Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, all offences under this Act shall be tried by the Court of Sessions.
CHAPTER VIII

Dispute Resolution

25. Dispute resolution – Any dispute regarding breach of contract, citizenship, guardianship, custody of child etc. shall be heard by an adjudicating officer as per the provisions of the Family Courts Act, 1984.
26. Arbitration and conciliation –
1) Notwithstanding anything contained in Section 22, a clause for arbitration may be included in the surrogacy agreement with the consent of all concerned parties.

2) If the concerned parties consent to an Arbitration clause then all civil disputes arising out of the surrogacy agreement or any dispute relating to the citizenship, custody or guardianship of the child shall be settled as per the provisions of the Arbitration and Conciliation Act 1996.

CHAPTER IX

Miscellaneous

27. Power to search and seize records etc. –
1) If the State Board has reason to believe that an offence under this Act has been or is being committed at any facility using surrogacy techniques, such Board or any officer specifically authorized in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officer considers necessary, such facility, and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize the same if the State Board or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.

2) The provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act.

28. Power to remove difficulties –
1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty.

2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

29. Protection of action taken in good faith – No suit, prosecution or other legal proceeding shall lie against any person or company for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act and Rules.
30. Power of the Central Government to make rules –
1) The Central Government may make rules for carrying out the provisions of this Act.

2) Every rule made by the Central Government under sub-section (1) of this section shall be laid, as soon as may be after it is made, before each House of Parliament.

31. Power of State Government to make rules – Subject to the provisions of this Act and the rules and regulations made hereunder, the State Government may make rules to carry out the purposes of this Act.
32. Confidentiality of information – Subject to the provisions of this Act, all information about the surrogate shall be kept confidential and information about the surrogacy shall not be disclosed to anyone other than the central database of the Department of Health Research, except by an order of a court of competent jurisdiction.

India requires immediate legal regulation Supreme Court says – “A PATIENT WHO DOES NOT LISTEN TO HIS DOCTORS ADVICE OFTEN HAS TO FACE ADVERSE CONSEQUENCES”