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Legal aspects of Surrogacy for single Indian father
06-Nov-2023 (In Family Law)
Hi,
I am a single man, divorced, aged abt 40yrs and childless. I don't want to marry again. I am exploring option of fathering a child through surrogacy. I do not have donor egg. I have read disjoint viewpoints on legal status of surrogacy and the child born out of that. I am Indian and stay in India. Can anyone please let me know if surrogacy is still legal in India and what are the legal procedures involved. Also is the child born out of surrogacy legal? Will the surrogate mother have any rights on the child?
Thanks,
as on date commercial surrogacy is banned in india. as far as legal surrogacy is concerned its only altruistic or family ones are allowed. so any single cannot go for surrogacy in India now. moreover surrogacy is only allowed within the family and there are few other very strict condition. in your case since you are a divorcee it womt be applicable hence you should reconsider your plan of getting a baby using your genes. rather try for adoption. to answer the last leg of your query the surrogate mother has no legal right over the child after the child is born.
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Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
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Now with the existing legal regime in place the surrogacy option has been taken away from single parents including single males. If a man has to go for surrogacy then he has to be between 26 to 55 years of age. He has to be married for 5 years. His wife should be between the age of 23-50 years.
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Adv. Aveek Bose
Kolkata | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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