Surrogacy laws in India for single parent

April 17, 2024
Deepika Yadav
Surrogacy
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Surrogacy offers the second ultimate opportunity for intending parents, couples, singles, and LGBTQ to conceive biological child/children again. However, surrogacy is regulated in a legal country. The surrogacy laws in India for single parents are limited to only single ever-married women, divorced or widows. Single males of married or unmarried, or single LGBTQ, surrogacy is not allowed in India as of today. In this context, the “Fertility Cure” legal Indian surrogacy representatives have defined the authentic surrogacy laws in India for single parents.

Table of Contents

Is surrogacy legal in India?

Yes, surrogacy is legal in India. However, commercial surrogacy has been banned since 2019, only Altruistic Surrogacy is allowed and limited to married Indian couples, single women (widowed or divorcees), Indian-married foreigners who are unable to conceive due to certain reproductive conditions, or foreigners holding Indian passports by either one or both parents.

These significant changes in surrogacy have been brought forth by the Indian Surrogacy Regulation Act 2021. Recently, the Act has enabled intending couples to use the donor assistance privilege in Surrogacy after realizing congenital disorders cannot produce eggs, also individual circumstances on a case-to-case basis and thus need donor assistance which is the only means of being a biological parent.

Is single-parent surrogacy legal in India?

According to the Surrogacy Regulation Act 2021, Single-parent surrogacy in India is legal. Still, it is limited to only, ever-married single women, divorced or widowed women for having a child(ren) through altruistic surrogacy. However, single unmarried men and unmarried women are not allowed to have surrogacy by the Act.

Single-parent surrogacy is prioritized for young age widows who are capable but fear the social stigma attached to the pregnancy of a widow in our society, she cannot acknowledge to everyone that the child in her womb is of surrogacy, and therefore such a single person is given the opportunity of surrogacy within permitted regulation under the Act. A similar situation is of a divorced lady who doesn’t want to remarry but wants to have children and must be given an opportunity.

Let’s discuss overall “Surrogacy laws in India”

The current interpretation of surrogacy laws in India is “The Surrogacy Regulation Act” 2021, which has included significant surrogacy changes in India.

Commercial surrogacy is banned, only Altruistic surrogacy is permitted in India.
The act allows only Indian married couples, widows, and divorced women in the age group of 35 and 45 to avail surrogacy.
The Act also allows married foreigners with Indian passports (either one or both partners) to undergo surrogacy legally, in India.
The Act reinforced the idea of family as a heterosexual and patriarchal institution as it excludes queer persons and unmarried single parents from using surrogacy.
The law also does not permit surrogacy to those couples in a live-in relationship, single or unmarried women.
The most recent inclusion in the Act allows intended parents to use donor assistance(Eggs/sperm/embryo) in surrogacy.

Surrogacy cost in India

The average Surrogacy Cost in India ranges between Rs. 18 lakhs to Rs. 20 lakhs. However, the surrogacy cost can vary from clinic to clinic, and place to place. The “Fertility Cure” is the most exceptional surrogacy clinic that offers the most reasonable surrogacy cost in India. The clinic’s total surrogacy cost will cover the whole surrogacy process and procedures including screening, medication, legal documentation, donor assistance, surrogate expenditures (clothing, fooding, staying, and medicine), complete IVF procedures, embryo transfer to surrogate uterus, pregnancy test, childbirth, and parentage order in the birth certificate.

The clinic also offers uncharged additional services to foreign couples with Indian passports including visa assistance, travel assistance, pick-n-drop facilities, hotel/homestay arrangements, donor arrangements, surrogate arrangements, etc. All these facilities and services are inclusive of affordable surrogacy costs in India.

If you wish to know the surrogacy cost in different places in India, please visit the link given below:

Why unmarried single men & women are banned from surrogacy in India?

According to “Surrogacy Regulation Act 2021”, unmarried single men & women are banned from surrogacy in India after considering several potential reasons as discussed below:

Child’s well-being: A child’s stability and support in a single-parent household is liable. This exclusion is a measure to safeguard the child’s interests.
To stop child commercialization: Allowing single parents & unmarried women surrogacy can create fear of starting child commercialization or trafficking. This might attract surrogate mothers into a lucrative industry for wealth. Women are eventually exploited as a result of this, especially in poor nations.
To preserve traditional aspects: The Act prohibits surrogacy for unmarried single parents and unmarried women because it relates to conflicts with traditional family values, which emphasize a nuclear family structure. It is of ethical concern.
Fear of child abandonment: The single unmarried woman might abandon the child as she had not carried the baby in her womb.

New future Indian Surrogacy laws for Single Mothers & Unmarried Women

There is possibly a great chance of developing “New surrogacy laws for single mothers and unmarried women in India”. The Indian parliament is actively anticipating replacing the Surrogacy Regulation Act, 2021 with new ART laws. This new legislation is expected to adopt a more progressive and inclusive stance in future single-parent surrogacy. The draft ART law is expected to propose these laws:

To allow single mothers & unmarried women to avail of the surrogacy process, effectively erasing the existing exclusion.
It may also raise the intending women’s upper age limit.
The new Art Law if proposed, would mark a significant victory for single mothers and unmarried women who aspire to build their families through surrogacy in India.

Surrogacy laws in India for single-parent

As of 2024, the surrogacy laws in India do not allow surrogacy to single mothers (except divorced or widows) and unmarried women. However, the Surrogacy Regulation Act, of 2021 allows surrogacy to ever-married single women, divorced or widowed to have children if they wish to have. However, there is upcoming better surrogacy status, if the Indian parliament could reinforce the newly proposed Art Law, which promises smoother inclusive, and more accommodating, potentially allowing even single mothers and unmarried women to access surrogacy services. The recent Surrogacy Regulation Act, of 2022, has also enabled intending single married women to use donor assistance in surrogacy.

FAQs

Can a single woman go for surrogacy?

In a country like India, single women who are ever-married and divorced or widowed can opt for surrogacy. However, it does not allow surrogacy to unmarried single women or unmarried couples.

Can a single father go for surrogacy in India?

At the current, Indian surrogacy status, single fathers cannot go for surrogacy. Only married infertile couples, and single women (divorced or widowed) are permitted to undergo only the Altruistsic surrogacy rather than commercial surrogacy.

Can I use a surrogate if I’m single?

Yes, single divorced, or widowed women can use a surrogate mother for having children in India. However, different every country has its own surrogacy rules and regulations. For Indian single-parent surrogacy consideration, please connect with the Fertility Cure team.

What are the new rules for surrogacy in India?

Recently, the new surrogacy rule for surrogacy in India is the “Surrogacy Regulation Act, 2022”, which states that Indian intending parents, divorced or widowed women, and foreigners with Indian passports can use donor assistance in Surrogacy. “Surrogacy Regulation Act, 2021” has banned commercial surrogacy and allowed only Altruistic surrogacy in India to married infertile parents.

Can an unmarried woman go for surrogacy in India?

No, unmarried women are not allowed to go for surrogacy in India. Likewise, unmarried men and single males are also not allowed to pursue surrogacy in India.