Can a Single Man Go for Surrogacy in India?

Can a Single Man Go for Surrogacy in India?

No, single Men or gay couples cannot do surrogacy in India as per the Surrogacy Regulation Act 2021. Surrogacy is a life-changing and deeply personal decision, often pursued by individuals and couples who are unable to conceive naturally. In India, surrogacy has long been an option for couples struggling with infertility, but it has also become increasingly popular among single men seeking to start a family. This raises the important question: Can a single man go for surrogacy in India?

In this article, we will explore the legal framework surrounding surrogacy for single men in India, including eligibility, challenges, and the changes in surrogacy laws that affect single men looking to become parents through surrogacy.

 

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More Resources to Read:

Surrogacy Twins Cost: What to Expect

Disqualifications for Surrogacy For Surrogates: Key Factors

Cost of Surrogate Mother in India: A Complete Guide

Surrogates and Abortion: What to Know Before This Journey

 

Surrogacy Laws in India: An Overview

India was once a popular destination for international surrogacy, attracting couples from around the world due to its relatively affordable costs and well-regulated process. However, in recent years, India has implemented several legal changes to regulate and restrict surrogacy practices.

 

Latest surrogacy laws in India 

The Surrogacy (Regulation) Act 2021, which was passed to curb commercial surrogacy and ensure the protection of surrogate mothers and children, includes specific guidelines about who can avail of surrogacy services in India. Under this law, only heterosexual married couples are legally eligible to pursue surrogacy, with some exceptions.

THE SURROGACY (REGULATION) ACT, 2021

• Altruistic Surrogacy only (no direct financial benefit to the surrogate mother)
• Registered Surrogacy Clinic only (ART Registered clinics can perform surrogacy).
• Single woman (divorced or widowed), between the age of 35 to 45 years. A genetic link is a must. 
• Married Indian female (25 to 50 years) and male (26 to 55 years).
• Only Indian citizens and OCI are allowed to do surrogacy ( married couples)
• Couple have not had any healthy surviving child biologically or by adoption.
• Have to have Medical indication necessitating gestation surrogacy.
• To obtain a certificate of essentiality from The Appropriate Authority.
• To obtain certificate of medical indication necessitating gestation surrogacy from District Medical Board.
• Parentage Order passed by First class Magistrate.
• Surrogate Mother to obtain eligibility certificate from The Appropriate Authority.
• Surrogacy (Regulation) Amendment Rules, 2024- As of 21st Feb 2024, it is possible to use an egg donor or sperm donor if all other conditions are met.

 

Can a Single Man Pursue Surrogacy in India?

Under the Surrogacy (Regulation) Act 2021, the law explicitly states that single men are not eligible to pursue surrogacy in India. This is a significant shift from earlier laws when surrogacy was available to unmarried individuals, including men. 

According to the new regulations, surrogacy is only allowed for married heterosexual couples and does not extend to single individuals, whether male or female.

Why Are Single Men Excluded from Surrogacy in India?

The exclusion of single men from surrogacy eligibility is rooted in the Indian government’s desire to ensure that children born via surrogacy are raised in stable, heterosexual family environments. 

The government has expressed concerns over the potential exploitation of surrogate mothers and the child, and part of the rationale behind restricting surrogacy to married couples is to prevent situations that could put the welfare of the child at risk.

The law also aims to curb commercial surrogacy, which has previously been criticized for exploitative practices, particularly involving unmarried individuals, foreign nationals, and surrogates who may be coerced or inadequately compensated.

 

What Are the Surrogacy Options for Single Men in India?

While single men cannot legally pursue surrogacy within India under the current laws, there are a few alternatives for those seeking to become fathers through surrogacy:

1. International Surrogacy

Single men interested in surrogacy can explore surrogacy options in other countries where the laws are more lenient. Some nations, such as Georgia, Ukraine, and Thailand, allow single men to pursue surrogacy, and these countries have more relaxed regulations regarding eligibility. However, it is essential for intended parents to research the laws of the country thoroughly and work with reputable surrogacy agencies to avoid legal complications.

2. Adoption

For single men in India, adoption remains a viable option for starting a family. The Central Adoption Resource Authority (CARA) in India regulates adoption, and single men can adopt children under specific guidelines. While the adoption process can be lengthy, it is a recognized and legal path for single individuals wishing to become parents.

3. Altruistic Surrogacy (Pending Legal Changes)

Although the law currently prohibits surrogacy for single men, there has been some discussion around altruistic surrogacy. In altruistic surrogacy, the surrogate mother is not compensated beyond medical expenses. In some countries, altruistic surrogacy may be considered an option for single men, but it would still depend on individual countries’ regulations. In India, the Surrogacy (Regulation) Act 2021 has not yet provided an avenue for altruistic surrogacy for single men, though there have been debates on this issue.

What Are the Legal Implications for Single Men Considering Surrogacy in India?

While single men are currently excluded from pursuing surrogacy in India, any attempt to bypass the legal restrictions could result in severe legal repercussions. These include:

• Legal actions: Individuals or agencies attempting to arrange illegal surrogacy could face penalties, including imprisonment and fines.
• Parentage and Custody Issues: Surrogacy laws in India are designed to protect the surrogate mother and the child. If a single man were to engage in an illegal surrogacy arrangement, there may be complications related to parentage and custody. The intended father may face challenges in securing parental rights over the child born via surrogacy.
• Rights of the Surrogate Mother: The welfare of the surrogate mother is also a priority under Indian law. If surrogacy is pursued outside the boundaries of the law, the surrogate mother’s rights could be jeopardized, leading to further legal complications.

 

What Are the Possible Future Changes in Surrogacy Laws in India?

There have been discussions about whether the Surrogacy (Regulation) Act 2021 will evolve to allow single men to pursue surrogacy legally in India. Some advocacy groups and individuals have raised concerns about the law being restrictive and not offering options for all individuals who wish to become parents. However, no official changes to the law have been made as of now.

It is important for single men considering surrogacy in India to stay informed about any future updates or amendments to surrogacy laws. Consulting with a surrogacy lawyer or surrogacy agency can help ensure that you understand the full scope of the law and any potential changes.

 

More Resources to Read:

Surrogacy Process Explained for Intended Parents

How Long Does the Surrogacy Process Take?

Top 5 Things To Know Before Going For Surrogacy Process

Finding the Best IVF Clinic in India: Expert Guide

Conclusion

Under the current Surrogacy (Regulation) Act 2021, single men are not allowed to pursue surrogacy in India. This regulation is part of India’s broader efforts to regulate surrogacy and prevent exploitation. While surrogacy remains a legal option for married heterosexual couples, single men may need to look at alternatives, such as international surrogacy or adoption, to fulfill their desire for parenthood.

For single men interested in surrogacy, it is crucial to fully understand the legal landscape in India and abroad. Legal advice and professional consultation are key to navigating the complexities of surrogacy and understanding the options available.

 

We are leading International Surrogacy Industry Expert with more than 15 years of global experience and expertise. Get in touch with us about affordable, reliable, and legal surrogacy options.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at Georgia Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.

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Why Choose us for your smooth and successful surrogacy journey!!

• Option of choosing multiple surrogacy destinations with 14+ Years of international surrogacy experience. 
• Getting a chance to work with fertility clinics/agencies that are elite and have proven track record with reference from existing IPs.  
• Option of choosing multiple egg donor options- Asian, Caucasian, African, Oriental etc. 
• All transparent financial transactions with affordability. You make direct payment with no additional fee on top. 
• No hidden agent fee or surprise cost later on.  All fees paid directly as per the agreement signed with service provider. 
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