Divorced male allowed to have baby via surrogacy?
Guest
(Querist) 22 September 2018
This query is : Resolved
I am divorced male age 35 who do not want to remarry.
I have enquired at few hospitals for getting baby through surrogate mother. There is no unanimous opinion regarding providing such service.
Some hospitals said they will do it as bill not yet passed and is before parliamentary standing committee.
Some hospitals said they wont do it for divorced/single men or women who want to get baby through surrogate mother.
The amount is 7-9 lakhs which I am ready to pay but as there is uncertainty as to legal standing of baby through surrogate mother, I want to know what is the position as on date with regard to this?
Dr J C Vashista
(Expert) 22 September 2018
Consult a local prudent lawyer for appreciation of facts/ documents, analyse, guide and proceed professionally.
Why do you prefer to remain anonymous author and seek obligation of experts, which is against the rules of this platform?
Guest
(Expert) 22 September 2018
Anonymous querists do not deserve any help. Why shy to show your identity and face hers, when you were not supposed to have gone to hospitals with veil put on your face?
Apparently, it does not seem to be any of your problem, but a hypothetical academic query.
Vijay Raj Mahajan
(Expert) 22 September 2018
There are number of cases where single men and women have got children through surrogacy and you too being single in status after the divorce is no exception.
The Bill with regard to this issue may not have been passed by the Parliament, but if there is a woman who agrees for the arrangement between both you will help of medical experts there should not be any legal issue. The formal contract between both parties an be made out for the complete process and the complete expenses incurring in this arrangement will be made by you. The claim and right of the child shall be exclusive be with you and the woman shall not claim it anytime in future all these points can be well explained in the contract terms and conditions.
I don't thing that any legal issue will be there if the woman whom you engage for this process agrees for it with help of the medical experts.
Guest
(Querist) 22 September 2018
But they did not mention about any kind of contract the way you are talking. Is there any particular method to be followed where we prepare a contract on stamp paper? None such was explained to me. Even the bombay hospitals also did not mention these but they were not having single opinion as to whether they will give baby through surrogate mother for me a divorcee male.
Vijay Raj Mahajan
(Expert) 22 September 2018
If the Mumbai Hospitals and Lawyers have no knowledge how to handle this issue than sorry I'm not sitting here to teach them all this, basic knowledge is missing in those people there, is not my cup of tea.
Guest
(Expert) 22 September 2018
By the way, even if someone tells you what is the position as on date with regard to surrogacy facility for a divorcee, what do you propose to do in that respect, while you cannot compel any hospital as a matter of right to give you some child through surrogacy process?
However, if it is not your hypothetical query, you may approach the Indian Council of Medical Research (ICMR). But still, the ICMR may also not be able to help you to compel any hospital to provide you that facility.
Also, can you clarify, what kind of hitch do you feel in adopting a hapless child to help his or her future bright?
P. Venu 
(Expert) 22 September 2018
The first question is, have you got, ready at hand, a woman who is agreeable to this arrangement.
