Bare Acts

CHAPTER IV REGISTRATION OF SURROGACY CLINICS


11. Registration of surrogacy clinics.— (1) No person shall establish any surrogacy clinic for
undertaking surrogacy or to render surrogacy procedures in any form unless such clinic is duly
registered under this Act.
(2) Every application for registration under sub-section (1) shall be made to the appropriate
authority in such form, manner and shall be accompanied by such fees as may be prescribed.
(3) Every surrogacy clinic which is conducting surrogacy or surrogacy procedures, partly or
exclusively, referred to in clause (ii) of section 4 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.
(4) No surrogacy clinic shall be registered under this Act, unless the appropriate authority is
satisfied that such clinic is in a position to provide such facilities and maintain such equipment and
standards including specialised manpower, physical infrastructure and diagnostic facilities as may be
prescribed.
12. Certificate of registration.— (1) The appropriate authority shall after holding an enquiry and
after satisfying itself that the applicant has complied with all the requirements of this Act and the rules
and regulations made thereunder, grant a certificate of registration to the surrogacy clinic, within a
period of ninety days from the date of application received by it, in such form, on payment of such
fees and in such manner, as may be prescribed.
(2) Where, after the inquiry and after giving an opportunity of being heard to the applicant, the
appropriate authority is satisfied that the applicant has not complied with the requirements of this Act
or the rules or regulations made thereunder, it shall, for reasons to be recorded in writing, reject the
application for registration.
(3) 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.
(4) The certificate of registration shall be displayed by the surrogacy clinic at a conspicuous place.
13. Cancellation or suspension of registration.— (1) The appropriate authority may, suo motu or
on receipt of a complaint, issue a notice to the surrogacy clinic to show cause as to why its registration
should not be suspended or cancelled for the reasons mentioned in the notice.
(2) If after giving a reasonable opportunity of being heard to the surrogacy clinic, the appropriate
authority is satisfied that there has been a breach of the provisions of the Act or the rules or
regulations made thereunder, it may, without prejudice to any criminal action that it may take against
such clinic, suspend its registration for such period as it may think fit or cancel its registration, as the
case may be.
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(3) Notwithstanding anything contained in sub-sections (1) and (2), if the appropriate authority is
of the opinion that it is necessary or expedient to do so in the public interest, it may, for reasons to be
recorded in writing, suspend the registration of any surrogacy clinic without issuing any notice under
sub-section (1).
14. Appeal.— The surrogacy clinic or the intending couple or the intending woman may, within a
period of thirty days from the date of receipt of the communication relating to order of rejection of
application, suspension or cancellation of registration passed by the appropriate authority under
section 13 and communication relating to rejection of the certificates under section 4, prefer an appeal
against such order to—
(a) the State Government, where the appeal is against the order of the appropriate authority of a
State;
(b) the Central Government, where the appeal is against the order of the appropriate authority
of a Union territory,
in such manner as may be prescribed.
15. Establishment of National Assisted Reproductive Technology and Surrogacy Registry.—
There shall be established a Registry to be called the National Assisted Reproductive Technology and
Surrogacy Registry for the purposes of registration of surrogacy clinics under this Act.
16. Application of provisions of Assisted Reproductive Technology Act with respect to
National Registry.— The National Assisted Reproductive Technology and Surrogacy Registry
referred to in section 15 and to be established under section 9 of the Assisted Reproductive
Technology Act shall be the National Registry for the purposes of this Act and the functions to be
discharged by the said Registry under the Assisted Reproductive Technology Act shall, mutatis
mutandis, apply. CHAPTER V NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD AND STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARDS

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