Tusshar Kapoor becomes single parent via surrogacy, no laws broken as none exists

  • The idea of parenthood is looked upon with much dreams and aspirations. The idea of single parenthood is seen as an option only if the other parent, due to any unavoidable circumstances, refuse to stay together with the family. But the actor Tushar Kapoor has become the first actor to openly promote single parenthood when he announced the birth of his week-old son Laksshaya through an IVF procedure.

    The idea of single-parent families has set India abuzz after actor Tusshar Kapoor on Monday announced the birth of his week-old son, Laksshya, through in-vitro fertilization and surrogacy. Even as a statement from his office thanked “the greatness of God“ and doctors for making parenthood “an option for many who choose to be single parents“, some experts wondered if surrogacy is an option at all for single people in India.

    At the centre of the debate is the fact that India doesn't have any law governing assisted reproductive technologies even though norms drafted by the Indian Council for Medical Research have been reworked many times over the last 15 years. The last round of changes was in September 2015, said Chennai-based Indi an Surrogacy Law Centre's Hari G Subramanian. The draft guidelines are yet to be passed, but they say surrogacy is only for married, infertile couples,“ ICMR director general Dr Soumya Swaminathan said. This rule is only meant for Indians as surrogacy in India is no longer an option for foreigners or overseas citizens.

    A senior doctor said that in Kapoor's case “no law has been broken because there are none here“. Subramanian felt that any ART legislation should consider single-parent families. “Single people cannot be denied parenthood. While traditional families have been heterosexual couples, new age families can have a single parent or gay parents. This isn't about being accepted by society , but it's about a basic right,“ he said , adding that the law should also have safeguards for the child's rights.

    Tusshar Kapoor isn't the first single parent to use surrogacy. Doctors like Dr Hrishikesh Pai, past president of the Indian Society for Assisted Reproduction, said they have been getting an increasing number of requests from single people for parenthood. Dr Firuza Parikh, director of IVF and genetics at Jaslok Hospital and Research Centre, who led the treatment in Kapoor's case, said, “Recently , we have had many single men and women approved for parenthood. As a public figure, Tusshar's brave and bold decision.


    The actions of Tushar that, apart from being commendable on the fact that he has become a father, is also praiseworthy because he has decided to be a single parent. That in itself is a decision that requires effort and he surely is willing to exercise that much. But the fact that the topic of single parenthood still has no laws and regulations in place is a sad situation for a modern and liberalized country like India. We congratulate Tushar on him becoming a father and wish him all the luck in the world for his endeavors ahead.

    Visit the Indian Kanoon section of LawRato to learn more on Indian Laws.

Get free legal advice from top lawyers for your specific issue

Popular Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India , Delhi
 Experience: 16 years

Advocate Wg Cdr Ajit Kakkar (Retd)

  Dwarka , Delhi
 Experience: 17 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4 , Delhi
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place , Delhi
 Experience: 20 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly