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Can Single Man Avail Surrogacy in India?

Surrogacy has emerged as a hopeful option for many aspiring parents in India, especially those dealing with infertility or other medical challenges. However, the legal landscape surrounding surrogacy has undergone significant reform in recent years. One of the most common questions today is can a single man avail surrogacy in India?

The straightforward answer is No—a single man cannot avail surrogacy in India as per the current law.

Surrogacy (Regulation) Act, 2021: What the Law Says

India’s surrogacy practices are now governed by the Surrogacy (Regulation) Act, 2021, which aims to prevent unethical practices and ensure that surrogacy is used only for genuine medical needs. According to this law, only married Indian heterosexual couples and certain categories of single women are eligible to pursue altruistic surrogacy (where the surrogate mother is not paid beyond medical expenses and insurance).

What About Single Men?

Under the current law, single men, foreign nationals, live-in partners, and same-sex couples are explicitly excluded from availing surrogacy in India. This legal position is based on the objective of protecting the welfare of the child and maintaining ethical practices in surrogacy.

Exception: Single Women (Divorced or Widowed)

Interestingly, the law makes a special exception for single women, but under specific conditions. According to the Surrogacy (Regulation) Act, 2021:

  • A single woman must be widowed or divorced.
  • She must be within the age group of 35 to 45 years.
  • The surrogacy must be altruistic, with medical necessity as the basis.

This provision highlights the law's gender-specific approach, allowing single women—but not single men—to become parents via surrogacy under compassionate circumstances.

Conclusion

While the surrogacy law in India has been designed to regulate and safeguard the process, it also imposes restrictions on who can become a parent through surrogacy. As of now, single men in India are not permitted to pursue surrogacy, regardless of their personal or medical circumstances.

For individuals exploring other paths to parenthood or seeking clarity on their options, it's crucial to consult a legal or fertility expert. Stay informed and visit trusted sources like Surrogacy Centre India for detailed guidance.

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Location: Delhi, India

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