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Rahul-0007 (Others)     11 January 2015

Surrogate kid during ongoing divorce trial?

Can I have a Surrogate kid during ongoing divorce trial?


* I am Rahul (35 y.o), and got married 6 years ago.

* Had a kid after 1 year of marriage in USA.

* After marriage came to know that my wife (separated with me for last 4 years), agreed to marry me just because she had broken up with her Boy-Friend, from New-Delhi.

* We were never MENTALLY COMPATIBLE. She broke china-ware/plated, utencils to make her point. She even scratched my face while I was driving, till the point that I was BLEEDING with scratched all over my face. (Files a police complaint in Maryland- PD)

* After our son's birth, she left USA to be with her BF, as they still kept contact .

* In last 4 years she never allowed me or my family to see my own kid.

SUMMARY: The divorce case is going on for last 2.5 years and it looks like she will drag it all the way to the Supreme Court for another 23 -25 years. (Also She is MENTALLY SICK, suffering from Bi-polar Disorder)

QUESTION: I am born with a deep sense of parental instincts,and would like to have a kid, so can I go for Surrogate kid, while my divorce is going on?


IMPORTANT POINT: I am from Sangli (and filed a case in Sangli), and she is from Nagpur, and in last 2.5 years even the judge is confused, as in, if he should transfer the case to Nagpur or not, because based on all the proof/evidence/Maryland assault police-case, even he thinks that she is a PURE EVIL WOMAN !!!


CONSIDERATION: I am a partially handicap UNEMPLOYED  person with a ARTIFICIAL GRAFT attached to my heart and a titanium rod in my leg (from accident before marriage), and she is a Class-I officer in Nagpur, who can travel or stay at MH State Govt. expenses. (Earns Rs. 87,000 + Govt. Toyata and a driver)

SAD NEWS: My lawyer as well as many other lawyers have already told me that Indian Laws are designed in such a way that 90% laws are favorable towards Women, even if I can prove that she is a living LADY HITLER !!!!!


Need help, to know that while the case is going on if I can have a surrogate kid?. Thanks in advance.







 9 Replies

Rahul-0007 (Others)     12 January 2015


* The divorce case has been filed, but the actual case has not started, as the judge still could not decide upon the "Transfer Pettion" filed by my wife to transfer it to Nagpur.

REASON (as stated):

* I am a partially handicap UNEMPLOYED  person with a ARTIFICIAL GRAFT attached to my heart (Aneurysm) and a titanium rod in my leg (from accident before marriage), and she is a Class-I officer in Nagpur, who can travel or stay at MH State Govt. expenses. (Earns Rs. 87,000 + Govt. Toyata and a driver)



Why are you hell bent to create additional problems for yourself and also the kid you are planning to get via surrogacy?

It appears that you are really out of your mind. Think logically and practically, your wife wont get any alimony, thats one thing as she is working woman, second thing you need to concentrate is your divorce case, and get it over at the earliest by paying her lumpsum alimony, take MCD, thats the best way out.  

My advice is dont go for any child, dont get into another mess.  First clear this headache off, then think of going into another mess.  All the best.

Rahul-0007 (Others)     12 January 2015

Dear Helping Hand, First of all Thank you for your suggestions : ) , I really appreciate it. . Also it looks like, the BF for whom she left me, has left her, and that is why she is NOT willing for a divorce. (BEING AN IIT'ian, SHE IS VERY STUBBORN), so I wont be surprised if she will drag it all the way to the Supreme Court. . SUMMARY = If that be the case, I really cant have a kid at the age of 55 or 60 y.o. and raise it. . QUESTION : Dear Sir, if you are talking about getting into a MESS, by having a kid (even adopted), does that mean I am legally barred from having any kid of my own? . I can understand that unless I get divorce, I cant remarry, but in that case my dream of having a kid will remain a DREAM?

Rahul-0007 (Others)     12 January 2015

ADDITIONAL NOTE: She has refused to give MCD and looks and said that she will go all the way to Supreme Court, just to harass me !!!!

Adv k . mahesh (advocate)     12 January 2015

what are her intentions are not clear who filed divorce if you then contest it 

and if she filed it then discuss once again with her for divorce and get it and after that you can file for custody of your kid and also in ongoing case also you can file for visiting your child to see 

Advocate Ravinder (Advocate/Attorney)     12 January 2015

I completely agree with Helping Hand. Dont disappoint upon the words of your wife that she will drag the case upto Supreme Court.  Wait for some time i.e. one or two years, then she will realise.  Dont talk with her, try to talk with her relatives and well wishers and mediators and try to convince them to get MCD. I do not know about the surrogacy rules.  I Think surrogacy will not be permitted to bachelor, it will be allowed to only married couple who are unable to produce a child out of their wedlock. 


Appoint any of your reliable person to follow up the divorce case in india on each and every date of hearing.  Try to push up the case. Try to be in touch of your lawyer.  Thus your divorce case will be completed within 3 years.  Normally it will take 4 to 5 years.

Daksh (Student)     13 January 2015

Dear Mr.Rahul 0007,

What  I could make out with the ongoing discussion on the subject is that your predicament is that you have somehow agreed to the preposition that the matter can be dragged.  My point is emphatic no.  The reason is that in all probability the matter must be getting tried in district court and you should and must be diligent enough to be prompt in addressing the litigation issues ASAP even if the other party tries to drag their on record conduct shall be an additional ground for a favourable order in the end.  For practical reason it is advisable that you should refrain from having a surrogate child  at this juncture before this case reaches its logical conclusion and concentrate in getting it favourably settled for once and all.  Devote your time and resources for the same and in right earnest address one issue at a time.

Thanks and best regards




  Court cases are itself messy, where will you keep the kid, who will look after the kid, do you think having a baby is like owning a puppy, that it will be on its own.  Why you want to mess with a not yet born childs life?  Get out of this mess first, get divorce, remarry, then plan to have kids, adopt or go for surrogacy, thats the way you do it.  Do it now and you will get the worst of the curses from the baby itself.

Divorce case will take max, 7-8 years, that includes any false criminal cases if your lovely files on you, so dont you worry this much that you go for surrogacy. Legally you are not barred from going for surrogacy.  But there should be some sense in doing so, which I dont find any.

T. Kalaiselvan, Advocate (Advocate)     16 January 2015

You have stated to have filed a divorce case in Sangli, but she belongs to Nagpur, hence it can be understood that she has filed a transfer petition before the high court for transferring the case to Nagpur(?), why is the lower court judge worried about the transfer while there is no stay on the proceedings before it?, There is something missing.  You have filed a divorce case, concentrate on it properly so that you donot miss a chance  in the lower court to proceed with the prosecution of the case. About surrogacy, what is the need for it, if you would like to adopt a child, you can very well do it but why do you insist  on surrogate child only?,  this step may create as adverse impact tom your cse, so better think of it, however there is nothing wrong about it.

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