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  • Category: Indian Law

    Can an Indian divorced man have kids by surrogacy?


    Want to know whether it is possible to have kids through surrogacy if you are a male divorcee? Know through the responses at this Ask Expert page whether or not it is possible to do so.

    I am an Indian male divorcee, and my age is 35 years. I want to have kids through surrogacy. I have one daughter from my marriage and she is living with my ex-wife. So I want to know whether I am eligible for surrogacy? If yes, then only please explain the procedure for this.
  • Answers

    5 Answers found.
  • The surrogacy process is the same for a single parent or for any other parents who are interested in this process. In vitro fertilization (IVF) is being used to make an embryo. It is then carried to term by a surrogate mother.
    Many surrogacy agencies are existing. They will help you to get a donor and surrogate concurrently. They may refer you to sperm banks and egg donors. Some may also choose to work with a known donor such as a close friend. India law is not allowing the single parent to go for surrogacy. So it will be illegal as a divorce will be considered as a single parent only. So, I feel it is better you plan for a second marriage.

    Are you not interested to get married again? You are 35 years only. You are legally divorced and there is no binding on your part with your ex-wife and the daughter. So you can go for marriage and that will be a better option I feel.

    drrao
    always confident

  • Ghosh Dastidar Institute for Fertility Research is one of the best IVF treatment centre based in Kolkata. It is difficult for a single parent to deal with surrogacy. There are emotional feelings involved in this because we are dealing with another person's wife. It is difficult to find such donor to it. You can consult a doctor if you are having doubts about it. It is better you go for second marriage and enjoy your life and have kids.

    "Earning knowledge is by sharing it with ISC and we will rectify our mistakes."

  • The surrogacy bill was cleared by the cabinet a few months back and as per that I am afraid that being a single male parent you cannot go for a surrogate child. As on today the law says that parents who are married for last 5 years and do not have children can go for surrogacy. There are valid social and other reasons behind this law to avoid the misuse of the facilities of the surrogacy laws.

    The briefs of the present law in the matter of surrogacy are as under -

    1. Commercial surrogacy is illegal and punishable.
    2. In 2015 a ban was imposed on the foreign intended parents for surrogacy in India.
    3. The married Indian couple having no children should bring a certificate of infertility from the doctor before applying for surrogacy in any clinic or institute.
    4. Singe women having no child with them will be allowed to go for surrogacy as a special case that also once only.

    You have an option of going for remarrying and of course that is a personal decision you have to ponder over.

    Knowledge is power.

  • Unfortunately, the existing scenario in India does not support the system of surrogacy for a divorced man like you.
    It was raised in the Lok Sabha in August 5, 2019, where it was recommended that a single woman of both the status widow or divorce in the age bracket of 35 - 45 years may be allowed to have the process of surrogation and was finally cleared in the in the Lok Sabha.
    However, it is still awaited from Rajya Sabha to be cleared.
    So in your case, it does not fit to have the chances of surrogacy.
    At present, as per the option enacted in 2015, only the married couples enjoying the martial status for at least for five years are entitled to have this process.

  • The Union Cabinet approved the Surrogacy (Regulation) Bill 2020 that allows only close relatives to act as surrogates to needy infertile couples. Any "willing" woman can be a surrogate mother i.e. single women, only widowed or divorced, avail of surrogacy between the age of 35 and 45 years. The bill bans commercial surrogacy and legalises to needy infertile couples for the humanitarian or noble cause. The bill has looked on all the recommendation put forward by the Rajya Sabha committee and has also prohibited surrogacy to Foreigners, NRIs, PIOs, homosexuals, single parents, live-in couples and couples who already have children but are free to adopt a child under a separate law.

    The reasons for surrogacy should be like the married couples inability to conceive even after 5-years of unprotected sex or intercourse, non-functional uterus, removal of the uterus due to cancer, the absence of uterus by birth, having a chronic medical condition where normal pregnancy is not possible, fibroids etc.

    Now, as in your case, you already have a child and is a single parent(divorced) so the case is not possible of going for surrogacy but you are free to adopt. There was also a case that is reported where a divorced man had undertaken surrogacy in 2005, much before the bill came into effect. You can read the report from the link:https://timesofindia.indiatimes.com/city/kolkata/Divorced-man-adopts-surrogacy/articleshow/1251145.cms

    “The most important thing in life is to learn how to give out love, and to let it come in." — Morrie Schwartz


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