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legal_fighting   06 November 2021

Surrogacy for single father

I am a single man, divorced, aged abt 40yrs and childless. I don't want to marry again. I am exploring option of fathering a child through surrogacy. I do not have donor egg. I have read disjoint viewpoints on legal status of surrogacy and the child born out of that. Can anyone please let me know if surrogacy is still legal in India and what are the legal procedures involved. Also is the child born out of surrogacy legal? Will the surrogate mother have any rights on the child?


 6 Replies

Anusha Singh   06 November 2021

As per your query it is understood that you need information regarding the laws relating to surrogacy for single father.

In November, the Surrogacy Bill of 2016 was tabled in the Lok Sabha. The law was approved by the cabinet, but it has yet to be passed.

The following are some of the bill’s key proposals:

Commercial surrogacy must be outlawed completely.

The measure also specified that altruistic surrogacy, in which the surrogate mother must be a close relative of the commissioning parents, will be the only type of surrogacy permitted. The couples must also demonstrate that they were infertile.

Surrogacy clinics would all need to be registered. Furthermore, all registered clinics were required to keep surrogacy records for a period of 25 years.

Another key aspect of this bill, which was also included in the ART bill, was that no single parent, live-in couples in India, or homos*xuals may become commissioning parents. Women who were not married or who were childless were also barred from becoming surrogate mothers. This law, however, could not be passed.

One of the most significant legal difficulties surrounding surrogacy in India is the lack of a legislation that controls or regulates surrogacy-related issues.

It is complicated issue as the bill is yet to be passed till then there is no such bar but if the bill is passed then the law will change and the status of the baby who is fathered by a single dad will also change.

Hope it helps!



Anusha Singh

minakshi bindhani   06 November 2021

As per your concern!

Under the Surrogacy Regulation, Bill(2019) prohibits commercial surrogacy but allows altruistic surrogacy.  Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.  Commercial surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.
Surrogacy is permitted when it is:
(i) for intending couples who suffer from proven infertility
(ii) altruistic
(iii) not for commercial purposes
(iv) not for producing children for sale, prostitution or other forms of exploitation
(v) for any condition or disease specified through regulations.

The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility issued by the appropriate authority.

A certificate of essentiality will be issued upon fulfilment of the following conditions: (i) a certificate of proven infertility of one or both members of the intending couple from a District Medical Board; (ii) an order of parentage and custody of the surrogate child passed by a Magistrate’s court; and (iii) insurance coverage for 16 months covering postpartum delivery complications for the surrogate.

The certificate of eligibility to the intending couple is issued upon fulfilment of the following conditions:
(i) the couple being Indian citizens and married for at least five years
(ii) between 23 to 50 years old (wife) and 26 to 55 years old (husband)
(iii) they do not have any surviving child (biological, adopted or surrogate) this would not include a child who is mentally or physically challenged or suffers from life-threatening disorder or fatal illness; and

(iv) other conditions that may be specified by regulations.
The proposed Bill also continues to deny this opportunity to LGBTQ+ persons, live-in couples, and single parents.
Even those included within its ambit are required to have a ‘certificate essentiality' stating that it is biologically impossible for the person(s) to have a child in any other way. It does not consider other medical conditions which even though do not render women infertile, make the pregnancy riskier and more difficult.

Hope it is useful!
Minakshi Bindhani

Kishor Mehta (CEO)     07 November 2021

 Surrogacy is not legally available to a single male. 

legal_fighting   07 November 2021

Thank you all. As you mentioned Surrogacy Bill of 2016 is not a law. Can you please let me know if Surrogacy Regulation, Bill(2019) and ART bills are also laws or they are still with Lok Sabha.

I think there is no legal clarity on future of kids born out of surrogacy. However, can anyone clarify if a single parent like me can have a surrogate kid? I am Indian btw.

kavksatyanarayana (subregistrar/supdt.(retired))     07 November 2021

To my best, men who are single, but want to pursue parenthood can choose a surrogate with an egg donor and become a father.

N.K.Assumi (Advocate)     08 November 2021

Reading the meaning of   “intending couple” and “surrogacy”, it is clear that single parent cannot go for surrogate child.  This surrogacy act of 2018 is of recent origin and  the acts basically pertains to human rights issues, and there will certainly be more broad discussions on the topics in the days to come.

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