SURROGACY Law for a single father


I want to be a single father. I have filed a divorce case in Bangalore court. My wife suddenly relocated to other city. I won't get proper visitation right of my son as we both are staying in different city. Can I be a single father? Or there will be legal obligation as my divorce case is pending. Kindly help me. Thanks in advance.

Answers (5)


143 votes

Till your divorce case is finalized, you cannot proceed with surrogacy. I encourage you to work it out with your wife so that you can enter into a settlement deed and wrap up the case and also make provisions for visitation rights with your son.


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187 votes

Dear Friend,
your query is very legal and genuine but as per the present modified law which has been passed by cabinet and still to become full fledged law after being passed by parliament ,their is lots of short coming . In Case you want relief at your helm and want answer only way to file SLP at Honble Apex Court . You May visit our office and meet Dr Pankaj Kumar ,Advocate at Supreme court and try to find a solution.

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218 votes

The law on surrogacy is very clear. You need to be married, an Indian national and incapable of reproducing, in order to avail the benefits of surrogacy. Since you do not clear all the check marks, you are not entitled to the benefits of the surrogacy law in India.

215 votes

yes there is a legal problem unless you obtain a divorce you cannot adopt, as adoption requires consent of wife, after divorce you can adopt as a single father, further as per the Hindu adoption act there are certain conditions regarding adoptions and hence unless you get a divorce it is difficult to adopt.

343 votes

The answer to your question depends on the age of the child.
Typically custody of a child aged less than 5 years is given to mother
Older boys are usually under the custody of father and older girls in the custody of mothers. However this is not a hard and fast rule.
Children of over 9 years in age are given an option to choose who they want to live with provided it is in compliance with the other requirements such as character of the parent, environment, economic condition etc.

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