Single Parent Surrogacy in India: Legal Status Explained

As per current surrogacy laws single male surrogacy is not allowed in India.

India’s laws on surrogacy have changed a lot lately. Many wonder if single parents can use surrogacy in India. The Surrogacy (Regulation) Act, 2021 has brought new rules, changing how we see this issue. We’ll look into the current state of single parent surrogacy in India.

We’ll cover the new law’s main points, why single males, single mothers and unmarried women are excluded, and the challenges and future of this area.

Key Takeaways

The Surrogacy (Regulation) Act, 2021 has introduced new guidelines for surrogacy in India, including the exclusion of single mothers and unmarried women.
Altruistic surrogacy is now the only legal form of surrogacy in India, with strict eligibility criteria for both intended parents and surrogate mothers.
The new regulations aim to protect women from exploitation in the surrogacy process, but have also raised ethical questions about family creation and individual rights.
Professionals in the surrogacy industry and individuals unable to become parents through traditional means face challenges under the new laws.
The complexities and legal changes surrounding surrogacy in India make it a less viable option for American intended parents seeking surrogacy services.

Introduction to Surrogacy Laws in India

Surrogacy is when a woman carries a baby for someone else. This practice has changed a lot in India. The Surrogacy (Regulation) Act, 2021, was made to help control the industry and protect surrogate mothers.

Definition of Surrogacy

Surrogacy is a way to help people have a baby. A woman, called the surrogate mother, carries the baby for the intended parents. She might be related to the baby or not.

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Types of Surrogacy: Altruistic and Commercial

In India, there are two kinds of surrogacy: altruistic surrogacy and commercial surrogacy. Altruistic surrogacy means the mother doesn’t get paid, just for medical costs. Commercial surrogacy pays the mother.

Before the Surrogacy (Regulation) Act, 2021, commercial surrogacy was legal. It was a big business, worth up to 2.5 billion USD in 2012. But, there were problems with how surrogate mothers were treated. So, the government banned commercial surrogacy and made new rules.

“The surrogacy law in India – 2021 prohibits commercial surrogacy and only allows for altruistic surrogacy.”

The new law tries to make surrogacy safer and fairer. It focuses on keeping surrogate mothers and their babies safe and happy.

The Surrogacy (Regulation) Act, 2021: Key Highlights

The Surrogacy (Regulation) Act, 2021, has changed the surrogacy scene in India. It aims to make surrogacy more transparent and ethical.

Eligibility Criteria for Intended Parents

Here’s what the Act says about who can use surrogacy:

Intended parents must be an Indian married couple. The woman should be between 23 and 50 years old. The man should be between 26 and 55 years old.
They must have been married for at least five years and have no children.
They cannot have any living children, except in rare cases where a child’s health is at risk.

Requirements for Surrogate Mothers

Here’s what the Act says about surrogate mothers:

The surrogate mother must be an Indian citizen between 25 and 35 years old. She must have at least one child of her own.
She must be married and have a child of her own. She can only be a surrogate once in her lifetime.
She must have a medical and psychological fitness certificate. She cannot have been a surrogate before.

The Act aims to protect the well-being of both the intended parents and the surrogate mother. It sets clear rules and criteria. This is a big step in regulating surrogacy in India.

Is single parent surrogacy legal in India

The Surrogacy (Regulation) Act, 2021, in India has big rules. It doesn’t let single moms and unmarried women get surrogacy. Only married couples, widows, and divorced women between 35 and 45 can try surrogacy. This rule makes some people worry about who can have a baby through surrogacy.

THE SURROGACY (REGULATION) ACT, 2021

A lot of regulations were introduced, impacting many aspects of surrogacy. Glimpse of few of the regulations are marked here below. IF you wish to do surrogacy in India, you need to fulfil these. We are happy to assist you with legal surrogacy program in India, but if you do not pass this condition, then doing surrogacy outside India is possible with us.

Important clauses redefining surrogacy are highlighted below.

Has to be Gestational Surrogacy (surrogate mother is not genetically linked to the child).
Altruistic Surrogacy (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. Genetic link is must.
Married Indian female (25 to 50 years) and male (26 to 55 years).
Couple of Indian origin.
Couple have not had any healthy surviving child biologically or adoption.
Insurance for 36 months, for the Surrogate mother for illness or death.
Have to have Medical indication necessitating gestation surrogacy.
No sex selection.
To obtain 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.
Surrogate mother should be between 25 to 35 years.
Surrogate mother will act as Surrogate only once in her lifetime.
Medical and psychological fitness for Surrogate mother.

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.

Exclusion of Single Mothers and Unmarried Women

The Act says no to single parents and unmarried people using surrogacy. It’s because of worries about the child’s happiness in a single-parent home. There’s also fear of making surrogacy too commercial.

Potential Reasons for Exclusion

There are a few reasons why single moms and unmarried women can’t have surrogacy in India:

Concerns about the child’s well-being in a single-parent household
Fears of the commercialization of surrogacy and the exploitation of vulnerable individuals
The preservation of traditional family values in Indian society

These reasons led to strict rules for who can use surrogacy. This means many people can’t have a baby through surrogacy.

Country	Surrogacy Legality for Single Parents	Types of Surrogacy Allowed
India	Single parents and unmarried individuals are prohibited from accessing surrogacy services.	Altruistic surrogacy is allowed for legally wedded infertile couples within the age limits.

The Indian government wants to protect children and prevent exploitation. But, not letting single moms and unmarried women have surrogacy limits their choices. This is a big debate and could lead to legal fights.

Challenging the Exclusion: Court Case and Draft Art Law

A 44-year-old unmarried woman has challenged the Surrogacy (Regulation) Act, 2021. She argues that it unfairly excludes single mothers and unmarried women from surrogacy. The Delhi High Court is now looking into this case and has asked the Central Government for a response.

The Indian Parliament is also working on a new Art Law. This new law might allow single mothers and unmarried women to use surrogacy. It aims to fix the problems with the current Surrogacy (Regulation) Act, which is seen as too narrow.

The Surrogacy (Regulation) Act of 2021 lets married couples and some divorced or widowed women use surrogacy. But it excludes single and unmarried women, as well as homosexual couples. Many people see this as a violation of reproductive rights and equality.

“The Act unfairly treats divorced or widowed women differently from unmarried single women. It denies single unmarried women the chance to have children through surrogacy. This is despite laws that allow single women to adopt, showing a deep social disapproval of unmarried motherhood.”

The new draft Art Law is expected to make surrogacy laws more inclusive in India. It aims to match the country’s laws with changing societal values and the principles of equality and non-discrimination.

The legal battle over challenging surrogacy exclusion, court case single parent surrogacy, and draft art law surrogacy is ongoing. It’s unclear how the courts and government will handle the push for a fairer surrogacy system in India.

Cost of Surrogacy in India

The cost of surrogacy in India is between 20 lakhs INR to 25 Lakhs INR, depends on several things. These include the clinic’s location, the medical team’s experience, and the case’s complexity. Surrogacy in India is often cheaper than in other developed countries.

Recent data shows the cost of surrogacy in India is around ₹18 to ₹20 lakhs. This includes the surrogate mother’s pay, medical costs, and legal fees. The surrogate mother should be between 21 and 35 years old.

The cost for surrogate donors varies. It’s ₹3.5 to ₹4 lakhs for fresh surrogates and ₹5 to ₹6 lakhs for experienced ones. Other factors like the region, egg or sperm use, extra medical procedures, and legal fees also affect the cost.

Potential parents should research well to find a good surrogacy clinic in India. This ensures a successful and ethical process. The cost of surrogacy in India is lower than in other countries.

Surrogacy Type	Success Rate
Surrogacy with self-eggs and sperm	65%
Surrogacy with donor eggs	80%
Surrogacy with donor sperm	75%
Surrogacy with advanced approaches	80%

The success rate of surrogacy depends on many factors. These include sperm count, egg quality, and IVF success. Parents should talk to their surrogacy clinics in India to understand these factors.

Alternative countries for surrogacy

India used to be a top spot for surrogacy tourism. But the Surrogacy (Regulation) Act, 2021, has changed things. Now, people are looking at places like the United States, Georgia, Ukraine, and Colombia. These countries have laws that are friendlier to surrogacy, especially for those who don’t qualify in India.

In the United States, you can find many surrogacy programs. Costs range from $75,000 to $150,000. The laws here are more welcoming to surrogacy, making it a favorite among international parents.

Georgia is another great option. Here, surrogacy costs are between $30,000 to $60,000. It allows both types of surrogacy and makes the intended parents legal parents from the start.

Ukraine is also gaining popularity, with costs from $40,000 to $65,000. It offers different surrogacy options, including for HIV-positive individuals.
Colombia, though still figuring out its rules, welcomes LGBT couples and single parents. The surrogate’s name is on the birth certificate.

Country	Surrogacy Cost Range	Surrogacy Legality
United States	$75,000 – $150,000	Surrogacy is generally legal, with varying state-level regulations.
Georgia	$30,000 – $60,000	Both gestational and traditional surrogacy are permitted, with intended parents recognized as legal from conception.
Ukraine	$40,000 – $65,000	Surrogacy programs, including surrogacy with own eggs, surrogacy and egg donation, and surrogacy for HIV-positive individuals, are available.
Colombia	N/A	Surrogacy is allowed for LGBT couples and single parents, with the surrogate’s name included on the birth certificate.

As the surrogacy tourism in India scene changes, these new places offer hope. Prospective parents should look into the surrogacy in India laws and rules in these countries before starting their journey.

Conclusion

The legal scene around surrogacy in India is changing. The Surrogacy (Regulation) Act, 2021, is a big step forward. It shows a move towards better rules for the industry.

But, the law right now doesn’t let single moms or unmarried women get legal surrogacy. A new Art Law might change this. It could make it easier for everyone to become parents through surrogacy.

India is working hard to figure out the right rules for surrogacy. It’s important to think about everyone involved. This includes the child, the surrogate mother, and the parents who want to adopt.

The demand for surrogacy is growing fast. More clinics are opening up to help. But, we need to make sure things are fair and honest for everyone.

The debate on surrogacy in India is complex. It’s about rights, social norms, and what’s right. As laws get better, everyone should have a chance to be parents through legal surrogacy.

FAQs for surrogacy in India

What is the legal status of single parent surrogacy in India?

In India, the Surrogacy (Regulation) Act, 2021, doesn’t allow single mothers and unmarried women to use surrogacy. It only lets married couples, widows, and divorced women between 35 and 45 to have a child through surrogacy.

What are the key highlights of the Surrogacy (Regulation) Act, 2021?

The Surrogacy (Regulation) Act, 2021, has made big changes. It sets clear rules for who can use surrogacy and who can be a surrogate mother. It also bans commercial surrogacy and says surrogacy must be for free.

Why have single mothers and unmarried women been excluded from surrogacy in India?

Single mothers and unmarried women might be left out of surrogacy for a few reasons. Some worry about the child’s happiness in a single-parent home. Others fear it could lead to making money from surrogacy. And some might want to keep traditional family values alive in India.

Is there any challenge to the exclusion of single mothers and unmarried women from surrogacy in India?

Yes, a 44-year-old unmarried woman has gone to court to fight for her right to use surrogacy. The Delhi High Court is looking into the case and wants to hear from the government.

What is the cost of surrogacy in India?

The cost of surrogacy in India can change based on a few things. Like where the clinic is, how experienced the doctors are, and how complicated the case is. But, surrogacy in India is usually cheaper than in other countries.

Are there any alternative countries for surrogacy besides India?

Yes, because of the Surrogacy (Regulation) Act, 2021, some people are looking at other countries for surrogacy. Places like the United States, Georgia, Ukraine, and Colombia are more welcoming to surrogacy.

Source Links

https://www.americansurrogacy.com/parents/surrogacy-in-india – Surrogacy in India – International Surrogacy
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10327345/ – The advantages and disadvantages of altruistic and commercial surrogacy in India
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10199460/ – The Surrogacy Regulation Act of 2021: A Right Step Towards an Egalitarian and Inclusive Society?
https://prsindia.org/billtrack/the-surrogacy-regulation-bill-2019 – The Surrogacy (Regulation) Bill, 2019
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9816354/ – The Surrogacy (Regulation) Act, 2021: A Critique
https://surrogate.com/intended-parents/international-surrogacy/surrogacy-in-india/ – Surrogacy in India: What You Need to Know | Surrogate.com
https://en.wikipedia.org/wiki/Surrogacy_in_India – Surrogacy in India