How Can a Divorced Man Have a Child Through Surrogacy in India? Legal Formalities Explained
Surrogacy has emerged as a modern path to parenthood for individuals and couples struggling with fertility issues. However, in India, the laws surrounding surrogacy are highly specific and restrictive. If you are a divorced man considering surrogacy as a means to become a parent, it’s crucial to understand what is legally allowed under current Indian regulations.
In this article, we explore whether a divorced man can have a child through surrogacy in India and what the legal process involves.
What is Surrogacy?
Surrogacy is an arrangement where a woman (the surrogate) carries a child for another individual or couple who intend to be the legal parents after birth. In gestational surrogacy, which is the only legal form in India, the surrogate has no genetic connection to the child. The embryo is created using IVF from the intended parent’s sperm and a donor or partner’s egg.
Is Surrogacy Legal for Divorced Men in India?
❌ No, Currently Not Allowed
According to the Surrogacy (Regulation) Act, 2021, and the Assisted Reproductive Technology (Regulation) Act, 2021, surrogacy in India is only legally available to Indian married couples who:
- Have been married for at least five years, and
- Are infertile or unable to conceive naturally
The law explicitly excludes single men, divorced men, unmarried individuals, live-in partners, and foreign nationals from accessing surrogacy in India.
Key Requirements Under Indian Surrogacy Law
Here are the essential legal criteria for commissioning surrogacy in India:
- The intended parents must be a legally married Indian couple.
- The woman (wife) must be between 23 and 50 years, and the man (husband) between 26 and 55 years.
- They must be medically proven infertile.
- Only altruistic surrogacy is allowed—commercial surrogacy is banned.
- The surrogate must be a married Indian woman (with at least one child) and aged between 25 and 35 years.
- The surrogate must not have been a surrogate more than once before.
Can a Divorced Man Pursue Surrogacy Abroad?
Yes. While surrogacy is restricted in India for single or divorced men, some international destinations allow single or divorced men to legally pursue surrogacy. These include:
- USA (in surrogacy-friendly states)
- Canada (altruistic only)
- Colombia
- Georgia
- Mexico (in specific states)
Important Notes:
- Choose a country with clear legal recognition for single parents.
- Hire a legal expert who specializes in international surrogacy and Indian citizenship laws.
- After the child is born, you’ll need to apply for Indian citizenship, birth registration, and passport issuance through the Indian embassy or consulate.
Legal Alternatives for Divorced Men in India
Although surrogacy is not currently available, divorced men can explore other legal parenting options:
- Adoption: Under the Central Adoption Resource Authority (CARA) guidelines, a single male can adopt a child, but only a male child.
- Co-parenting or Guardianship Arrangements: Though not common, some men opt for co-parenting agreements or raise a child as a legal guardian through family or mutual arrangement.
Final Thoughts
While surrogacy offers a path to parenthood for many around the world, current Indian law prohibits divorced men from pursuing surrogacy domestically. However, legal international surrogacy remains an option if pursued with proper guidance and within the legal framework.
If you are a divorced man in India aspiring to become a parent, it’s essential to stay updated on legal changes and explore alternative options such as adoption or overseas surrogacy. Always consult a qualified legal expert before making any decision, as surrogacy laws are evolving and complex.