Section 42 of SRA : Section 42: Presumption In The Case Of Surrogacy

Explanation using Example

Imagine a situation where a woman named Priya agreed to become a surrogate mother for an intending couple, Ravi and Anita. However, during the legal proceedings, it was revealed that Priya was not fully aware of the terms and was pressured by her husband to agree to the surrogacy. The court, referring to Section 42 of the Surrogacy (Regulation) Act, 2021, would presume that Priya's consent was obtained under duress by her husband unless evidence is presented to prove otherwise. If the coercion is established, Priya's husband could be held accountable for abetment under Section 40 and face the corresponding legal consequences.