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Surrogacy for single parents in India

Introduction

Nowadays, motherhood and fatherhood are no longer reserved for married couples. Many people want to become parents without having a life partner. Raising a socially accepted concept. However with surrogacy, single parents in India face various legal and social challenges.

What is surrogacy ?

Surrogacy is a process in which a woman (surrogate mother) carries and gives birth to a child for another person. This option is available for those who cannot conceive themselves, such as individuals with infertility, serious health issues, or specific social situations like being a single parent.

The legal status of surrogacy in India

The Law that came into effect (after 2022)

The Indian government has implemented the Surrogacy Regulation Bill of 2021, according to which:

(a) Only married Indian couples (husband and wife) are allowed surrogacy.

(b) The couple must have been married for at least 5 years and have serious medical reasons.

(d) Surrogacy is only allowed for humanitarian reasons (altruistic surrogacy), which means that there is no commercial.

This means for single parents.

According to this law, if you are single-an unmarried man or an unmarried woman - you cannot have a child through surrogacy in India. However, in some cases, individuals try to obtain permission by submitting an application to the Supreme Court, but those are exceptions.

The main reason behind the ban on surrogacy for single parents.

1. The thinking of traditional family structure

the Indian political leaders. believe that a child's upbringing should take place in the presence of both the mother and the father. According to this view, the intellectual, social, and emotional development of a child can only be better in a complete family.

2. Concern for the child's welfare

The government argues that a child in a single-parent household may face various challenges.

(a) Social discrimination

(b) Economic instability

Although this mentality is slowly changing, it remains the main reason why single parents are legally excluded from surrogacy.

3. Concern about the misuse of surrogacy

The government also believes that if surrogacy is open to everyone, commercial exploitation could increase, especially of poor women.

4. Legal complexities

If surrogacy is opened up for single fathers, LGBTQ+Individuals, or foreigners, it could lead to numerous legal disputes over issues such as ctizenship, custody, and birth certificates.