Can a Single Man Opt for Surrogacy
- A single man cannot legally opt for surrogacy in India under the Surrogacy (Regulation) Act, 2021. The law does not recognise unmarried, divorced or widowed men as eligible individuals for surrogacy.
- Surrogacy in India is permitted only for specified categories of intending parents, including eligible married couples and certain widowed or divorced women who fulfil the conditions prescribed under the law.
- Section 2 of the Surrogacy (Regulation) Act, 2021 defines an intending couple and an intending woman but does not recognise a single man as an independent category of intending parent.
- Section 4 of the Act establishes the eligibility requirements for surrogacy, including medical indications, age limits, eligibility certificates and other statutory conditions.
- The Surrogacy (Regulation) Amendment Rules, 2024 introduced changes concerning the use of donor gametes in certain circumstances. However, these changes did not extend surrogacy rights to single men.
- Single men cannot legally arrange surrogacy through donor eggs and a surrogate mother in India. Compliance with assisted reproductive technology regulations does not override the restrictions imposed by surrogacy legislation.
- Adoption is a legally available alternative for eligible single men in India. Under Section 57 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a single man may adopt a boy but cannot adopt a girl child.
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Can a Single Man Opt for Surrogacy in India?
No, a single man cannot opt for surrogacy in India under the existing legal framework. The Surrogacy (Regulation) Act, 2021 restricts access to surrogacy to specific categories of intending parents. These categories do not include single men, irrespective of whether they are unmarried, divorced or widowed.
The Act recognises an intending couple and an intending woman. An intending couple refers to a married couple satisfying the statutory requirements, while an intending woman refers to an Indian woman who is a widow or divorcee between 35 and 45 years of age.
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A single man does not fall within either category.
Consequently, a single man cannot obtain the necessary eligibility certificate for surrogacy under the Act. The restriction applies even when the man is financially capable of raising a child, wishes to become a biological father or has access to a willing surrogate mother.
The legal restriction concerns eligibility for surrogacy rather than the general ability of a single man to become a parent through other legally recognised means.
Legal Framework Governing Surrogacy in India
Surrogacy in India is governed by legislation intended to regulate reproductive arrangements, prevent exploitation and protect the rights of surrogate mothers and children.
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The principal legislation is the Surrogacy (Regulation) Act, 2021.
The Assisted Reproductive Technology (Regulation) Act, 2021 operates alongside it by regulating assisted reproductive technology clinics, banks and related procedures.
Surrogacy (Regulation) Act, 2021
The Surrogacy (Regulation) Act, 2021 came into force on 25 January 2022.
The Act regulates surrogacy clinics, specifies eligibility conditions, prohibits commercial surrogacy and establishes safeguards relating to surrogate mothers and children born through surrogacy.
Its important features include:
- Regulation of surrogacy arrangements: Surrogacy can be undertaken only when the conditions prescribed under the Act are satisfied. Private agreements cannot override the statutory restrictions.
- Prohibition of commercial surrogacy: Financial compensation or rewards outside the legally permitted expenses are prohibited. The legislation permits altruistic arrangements only.
- Eligibility requirements: Intending couples and intending women must satisfy the applicable age, medical and other eligibility criteria before undertaking surrogacy.
- Protection of surrogate mothers: The law includes provisions concerning informed consent, eligibility, insurance and other safeguards intended to prevent exploitation.
- Recognition of children born through surrogacy: The Act provides legal recognition to children born through surrogacy in accordance with its provisions.
However, none of these provisions creates an independent entitlement for single men to obtain surrogacy services.
The Surrogacy (Regulation) Act, 2021 significantly changed the regulatory framework governing surrogacy arrangements in India.
Assisted Reproductive Technology (Regulation) Act, 2021
The Assisted Reproductive Technology (Regulation) Act, 2021 regulates assisted reproductive procedures and the functioning of ART clinics and banks.
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Assisted reproductive technologies include procedures involving the handling of human gametes or embryos outside the human body for establishing pregnancy.
The legislation establishes standards for the registration and operation of clinics, gamete donation and related procedures.
However, permission to undertake an assisted reproductive procedure does not automatically establish eligibility for surrogacy.
A single man cannot rely on the ART legislation to bypass the requirements imposed by the Surrogacy (Regulation) Act, 2021.
What Does Section 2 of the Surrogacy (Regulation) Act, 2021 Say?
Section 2 contains definitions that determine the scope and application of the Surrogacy (Regulation) Act, 2021.
Two important definitions are those of an intending couple and an intending woman.
Meaning of Intending Couple
Section 2(1)(r) defines an intending couple as a couple having a medical indication necessitating gestational surrogacy and intending to become parents through surrogacy.
The Act operates through eligibility provisions that require the intending couple to be legally married and satisfy other statutory conditions.
Therefore, an unmarried man cannot claim eligibility merely because he intends to become a father through surrogacy.
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The expression intending couple does not extend to a single individual acting independently.
Meaning of Intending Woman
Section 2(1)(s) defines an intending woman as an Indian woman who is a widow or divorcee between 35 and 45 years of age and intends to avail herself of surrogacy.
This definition creates a specific category under which certain women may pursue surrogacy without being part of a married couple.
However, the law does not contain a corresponding category for single men.
This distinction is important because the legislation expressly recognises certain single women while excluding single men from independent eligibility.
Does the Act Recognise an Intending Man?
No. The Surrogacy (Regulation) Act, 2021 does not recognise an intending man as a separate category eligible for surrogacy.
Accordingly, an unmarried, divorced or widowed man does not qualify for surrogacy independently.
This exclusion follows from the structure of the legislation and its definitions rather than from a provision specifically stating that single men are prohibited from becoming fathers.
Who Is Eligible for Surrogacy in India?
Surrogacy eligibility in India depends on the conditions established under Section 4 and other applicable provisions of the Surrogacy (Regulation) Act, 2021.
The law distinguishes between intending couples and intending women.
Eligibility of Married Couples
A married couple seeking surrogacy must satisfy several conditions.
These include:
- Marital status: The intending couple must be legally married. An unmarried couple does not qualify merely because the partners are living together or intend to raise a child jointly.
- Age requirements: The intending woman must be between 23 and 50 years of age, while the intending man must be between 26 and 55 years of age on the date of certification.
- Medical indication: A recognised medical indication necessitating gestational surrogacy must exist, and the required medical certification must be obtained.
- Existing children: The intending couple must ordinarily have no surviving biological, adopted or previously surrogate-born child. The Act provides a specified exception concerning certain serious conditions affecting an existing child.
- Certificates and approvals: The couple must obtain the prescribed eligibility and medical indication certificates and comply with the applicable legal procedures.
A married couple cannot proceed with surrogacy merely because both partners consent to the arrangement. Compliance with statutory requirements is necessary.
Eligibility of Widowed or Divorced Women
The law also permits an eligible intending woman to pursue surrogacy.
An intending woman must be an Indian widow or divorcee between 35 and 45 years of age and must satisfy the applicable statutory requirements.
This provision permits certain women to pursue motherhood through surrogacy without being married at the time of the arrangement.
However, unmarried women who have never been married are not included in this category.
The distinction between eligible widowed or divorced women and excluded single men is an important feature of Indian surrogacy law.
Is Surrogacy Allowed for Unmarried, Divorced and Widowed Men?
The marital history of a single man does not change his eligibility under the Surrogacy (Regulation) Act, 2021.
Can an Unmarried Man Opt for Surrogacy?
No. An unmarried man cannot opt for surrogacy in India.
The law does not recognise a single unmarried man as an intending parent eligible to commission a surrogacy arrangement independently.
Even if he intends to use his own sperm and a donor egg, the absence of statutory eligibility prevents him from proceeding legally.
Can a Divorced Man Opt for Surrogacy?
No. A divorced man cannot independently opt for surrogacy under the existing law.
Although the Act recognises certain divorced women as intending women, it does not provide equivalent eligibility to divorced men.
A divorced man’s previous marital status does not bring him within the definition of an intending couple.
Can a Widower Opt for Surrogacy?
No. A widower cannot independently avail himself of surrogacy services in India.
The law specifically recognises widowed women within the prescribed age group but does not extend the same recognition to widowed men.
Therefore, a widower who wishes to become a biological father through surrogacy cannot independently enter into such an arrangement under the present statutory framework.
Can a Single Man Use Donor Eggs and a Surrogate Mother?
No. A single man cannot legally arrange surrogacy in India by using donor eggs and a surrogate mother.
In gestational surrogacy, an embryo may be created through assisted reproductive technology and transferred to the surrogate mother’s uterus.
From a medical perspective, such procedures may involve donated reproductive material. However, the legal permissibility of the procedure depends on the eligibility of the intending parents.
The Surrogacy (Regulation) Act, 2021 establishes specific requirements that must be satisfied before surrogacy can be undertaken.
A single man cannot overcome these restrictions through a private agreement with a surrogate mother or by obtaining reproductive services from an ART clinic.
Effect of the Surrogacy (Regulation) Amendment Rules, 2024
The Surrogacy (Regulation) Amendment Rules, 2024 modified certain requirements relating to the use of donor gametes.
The amendments permit the use of donor gametes in specified circumstances, subject to medical certification and applicable conditions.
However, the amendments did not expand the statutory categories of persons eligible for surrogacy.
A single man therefore remains ineligible even where donor eggs are available.
The distinction is between permission to use donor gametes within an otherwise lawful surrogacy arrangement and eligibility to enter into a surrogacy arrangement in the first place.
Why Are Single Men Not Allowed to Opt for Surrogacy in India?
Single men are excluded because the Surrogacy (Regulation) Act, 2021 establishes a restricted eligibility framework.
The legislation permits surrogacy only for categories expressly recognised under its provisions.
It does not provide a general right to access surrogacy solely because an individual wishes to become a biological parent.
Restricted Definition of Intending Parents
The principal legal reason is that the Act recognises intending couples and intending women but does not recognise single men.
This distinction limits access to surrogacy regardless of a single man’s personal or financial circumstances.
Regulatory Objectives of the Legislation
The Act seeks to prevent commercial exploitation, regulate surrogacy clinics and protect the interests of surrogate mothers and children.
Its framework includes restrictions concerning eligibility, medical indications, consent and financial arrangements.
However, the objective of preventing exploitation is legally distinct from the question of whether single men should be eligible for altruistic surrogacy.
Different Treatment of Single Men and Women
The legislation allows certain widowed and divorced women to pursue surrogacy but does not create a similar provision for widowed or divorced men.
This differential treatment raises questions about whether the distinction is consistent with constitutional principles of equality.
Nevertheless, unless the eligibility framework is amended or affected by a binding judicial ruling, the statutory restrictions continue to govern access to surrogacy.
Does the Restriction on Single Men Violate Fundamental Rights?
The exclusion of single men from surrogacy raises important questions concerning equality, reproductive autonomy, privacy and personal liberty.
These questions arise principally under Articles 14 and 21 of the Constitution of India.
Article 14: Right to Equality
Article 14 guarantees equality before the law and equal protection of the laws.
The constitutional principle permits reasonable classification, but such classification must satisfy the applicable equality standards.
The different treatment of single men and certain categories of single women may therefore be examined from the perspective of Article 14.
A constitutional assessment would involve determining whether the legislative distinction has a legally sustainable justification.
However, the existence of different eligibility conditions does not automatically establish that the law is unconstitutional.
Article 21: Right to Life and Personal Liberty
Article 21 guarantees the right to life and personal liberty.
Judicial interpretation has recognised that personal liberty includes important aspects of privacy, dignity and reproductive autonomy.
In Suchita Srivastava v Chandigarh Administration (2009), the Supreme Court recognised reproductive choice as an important dimension of personal liberty under Article 21.
In Justice K.S. Puttaswamy (Retd.) v Union of India (2017), the Supreme Court recognised privacy as a fundamental right and discussed decisional autonomy concerning intimate personal matters.
These constitutional principles are relevant to discussions about reproductive decision-making.
However, recognition of reproductive autonomy does not necessarily establish an unrestricted constitutional entitlement to access every form of assisted reproduction.
The validity of restrictions on surrogacy must be assessed within the applicable statutory and constitutional framework.
Can a Single Man Challenge the Surrogacy Law in Court?
A single man may challenge the constitutional validity of statutory provisions restricting access to surrogacy through appropriate legal proceedings.
A constitutional challenge may raise questions relating to equality, personal liberty and reproductive autonomy.
For example, a challenge could examine whether the exclusion of single men creates an unreasonable distinction between similarly situated individuals.
However, initiating a constitutional challenge does not automatically suspend the operation of the Surrogacy (Regulation) Act, 2021.
Courts must examine the relevant statutory provisions, constitutional protections, legislative objectives and applicable precedents before determining whether a restriction is constitutionally valid.
Until there is an applicable judicial ruling granting relief or a legislative amendment changing eligibility, single men remain outside the categories permitted to undertake surrogacy independently.
Can a Single Man Adopt a Child in India?
Yes. A single man may adopt a child in India, subject to the eligibility requirements prescribed under adoption law.
Adoption provides a legally recognised alternative to surrogacy for men who wish to become parents without being married.
The principal statutory framework includes the Juvenile Justice (Care and Protection of Children) Act, 2015 and the applicable adoption regulations.
Section 57 of the Juvenile Justice Act, 2015
Section 57 establishes eligibility requirements for prospective adoptive parents.
Section 57(3) permits a single or divorced person to adopt, subject to the fulfilment of statutory conditions and adoption regulations.
However, Section 57(4) provides that a single male is not eligible to adopt a girl child.
Therefore, an eligible single man may adopt a boy but cannot adopt a girl child under this statutory framework.
Conditions for Adoption by a Single Man
A single man seeking adoption under the Juvenile Justice Act must satisfy the applicable requirements.
These generally include:
- Physical and mental fitness: The prospective adoptive parent must satisfy the prescribed health-related eligibility criteria and be capable of providing appropriate care.
- Financial capacity: The individual must be financially capable of supporting the child’s upbringing, education and general welfare.
- Age requirements: The prospective adoptive parent must satisfy the applicable age criteria and minimum age difference requirements.
- Child welfare considerations: The adoption process must prioritise the child’s welfare, safety and long-term interests.
- Legal procedure: Adoption must be undertaken through the procedure prescribed under the applicable legislation and regulations.
The Central Adoption Resource Authority (CARA) regulates adoption procedures within its statutory framework.
Adoption and surrogacy are legally distinct processes. Eligibility for adoption does not create eligibility for surrogacy.
Difference Between Surrogacy and Adoption for a Single Man
| Basis | Surrogacy | Adoption |
|---|---|---|
| Governing law | Surrogacy (Regulation) Act, 2021 | Juvenile Justice (Care and Protection of Children) Act, 2015 and applicable adoption regulations |
| Eligibility of single men | Not permitted independently | Permitted, subject to conditions |
| Biological relationship | May involve a genetic relationship with an intending parent | Biological relationship is not required |
| Single unmarried man | Not eligible | May adopt a boy |
| Divorced man | Not eligible independently | May adopt, subject to requirements |
| Widower | Not eligible independently | May adopt, subject to requirements |
| Adoption of a girl child | Not applicable as an adoption process | A single male cannot adopt a girl child |
| Regulatory framework | Surrogacy authorities and registered clinics | CARA and other designated adoption authorities |
| Legal process | Medical and statutory certification for eligible intending parents | Adoption procedures and the prescribed legal adoption order |
The fundamental difference is that surrogacy involves a reproductive arrangement undertaken before the birth of a child, while adoption establishes a legal parent-child relationship through a recognised adoption process.
For single men, adoption is available under specified conditions, while independent access to surrogacy is not permitted.
Frequently Asked Questions About Surrogacy for Single Men in India
Is Surrogacy Legal in India for Single Fathers?
Surrogacy is not legally available to single men seeking to become fathers independently. The Surrogacy (Regulation) Act, 2021 recognises specified intending couples and intending women but does not recognise single men as eligible intending parents.
Can a Single Man Become a Biological Father Through Surrogacy?
A single man cannot independently commission a lawful surrogacy arrangement in India, even if he wishes to use his own sperm. Biological capability does not replace statutory eligibility.
Can a Single Man Hire a Surrogate Mother in India?
No. Commercial surrogacy is prohibited in India. A single man also cannot independently enter into an altruistic surrogacy arrangement because he does not qualify under the statutory eligibility provisions.
Is Surrogacy Allowed for a Divorced Man in India?
No. A divorced man cannot independently opt for surrogacy. Although eligible divorced women are recognised under the Act, divorced men are not included within the category of intending women or independently recognised as intending parents.
Can an Unmarried Couple Opt for Surrogacy in India?
No. The eligibility framework requires an intending couple to satisfy the statutory conditions, including the requirement of a legally recognised marriage. An unmarried couple cannot qualify merely by consenting to a surrogacy arrangement.
Can a Single Man Adopt a Boy in India?
Yes. A single man may adopt a boy under the Juvenile Justice (Care and Protection of Children) Act, 2015, subject to the applicable adoption regulations and eligibility requirements.
Can a Single Man Adopt a Girl Child in India?
No. Section 57(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015 expressly prohibits a single male from adopting a girl child under that statutory framework.
Did the 2024 Surrogacy Rules Allow Single Men to Opt for Surrogacy?
No. The Surrogacy (Regulation) Amendment Rules, 2024 modified certain conditions relating to donor gametes. They did not change the statutory definition of eligible intending parents or extend independent surrogacy eligibility to single men.
Conclusion
A single man cannot legally opt for surrogacy in India under the Surrogacy (Regulation) Act, 2021. The legislation permits surrogacy for eligible married couples and certain widowed or divorced women, subject to medical and statutory requirements.
The absence of a recognised category for intending single men prevents unmarried, divorced and widowed men from independently accessing surrogacy services. The restrictions cannot be bypassed through donor eggs, private agreements or assisted reproductive technology procedures.
Although these restrictions raise constitutional questions concerning equality, privacy and reproductive autonomy, the recognition of reproductive rights does not automatically remove statutory eligibility conditions.
Adoption remains a legally recognised alternative for eligible single men, subject to applicable restrictions, including the prohibition on adoption of a girl child by a single male under the Juvenile Justice Act.
The existing framework reflects a distinction between the general right to establish a family and the specific legal eligibility required to undertake surrogacy in India.
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