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Surrogacy Act
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ART Act
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| This relates to surrogacy, an infertility treatment where a third person, a woman, is the surrogate mother. |
The commissioning couple can receive treatments themselves, and a third person is not always necessary. |
| Surrogacy is allowed for only Indian married couples. |
ART procedures are open to married couples, live-in partners, single women, and also foreigners. |
| It prohibits the commissioning of surrogacy in India by foreigners or OCI or PIO cardholders, but NRIs holding Indian citizenship can avail of surrogacy. |
Foreigners can visit India under medical tourism to avail of ART services. |
| There will be a National Surrogacy Board that will be involved in policymaking and act as a supervisory body, and State Boards that will act as executive bodies. |
The ART Act provides for a National Board, with the powers vested in a civil court under the Code of Civil Procedure. |
| About 1000 clinics are practising surrogacy in India, according to the health ministry. |
ART practising clinics are likely more than 40,000. |