Surrogacy Law for Single Women in India

The Surrogacy (Regulation) Act, 2021, governs the legal framework for surrogacy in India, aiming to create ethical, transparent, and safe surrogacy practices. While the law primarily focuses on altruistic surrogacy for married heterosexual couples, it also provides specific provisions for single women under certain circumstances.

Eligibility Criteria for Single Women

According to the Surrogacy (Regulation) Act, 2021, single women may opt for surrogacy under the following conditions:

1. Widowed or Divorced Women:
   • Single women who are widowed or divorced are eligible for altruistic surrogacy.
   • They must fall within the age range of 35 to 45 years.
2. Medical Necessity:
   • The single woman must provide proof of medical conditions that prevent natural conception or carrying a pregnancy to term.
3. Indian Citizenship:
   • Only Indian citizens are eligible for surrogacy under Indian law.
4. OCI/NRI Eligibility:
   • Overseas Citizens of India (OCI) and Non-Resident Indians (NRIs) meeting the above criteria can also pursue surrogacy in India.

Key Provisions for Single Women in Surrogacy

1. Altruistic Model:
   • The surrogacy process must follow the altruistic model, meaning no monetary compensation is provided to the surrogate except for medical and insurance expenses.
2. Legal Framework:
   • Single women must complete the necessary legal formalities, including a surrogacy agreement approved by the appropriate authorities.
3. Parenting Rights:
   • Upon the child’s birth, the single woman is recognized as the child’s sole legal parent, assuming full responsibility for their upbringing.
4. Restrictions:
   • Commercial surrogacy is prohibited in India, and the law does not permit surrogacy for unmarried, single women who are not widowed or divorced.

Process for Single Women Seeking Surrogacy

1. Medical Screening:
   • Single women must undergo medical evaluations to confirm eligibility for surrogacy.
2. Approval from the Appropriate Authority:
   • All surrogacy arrangements must be reviewed and approved by the Appropriate Authority to ensure compliance with the law.
3. Matching with a Surrogate:
   • The surrogate must meet the eligibility criteria outlined by the law, including being a married woman with her own biological child, aged 25-35 years.
4. Legal Agreement:
   • A legal agreement is established between the single woman and the surrogate, outlining responsibilities and ensuring transparency.
5. Embryo Transfer and Pregnancy:
   • The surrogate undergoes the medical process of embryo transfer, followed by regular monitoring and medical care throughout the pregnancy.

Challenges and Considerations

While the law provides opportunities for single women to pursue surrogacy, it also imposes limitations:

• Eligibility is restrictive: Only widowed or divorced women aged 35-45 are allowed.
• No provision for unmarried or same-sex individuals: These groups are excluded under current legislation.
• Ethical and emotional considerations: Single women must navigate societal expectations and ensure adequate emotional and financial support for their parenting journey.

Conclusion

The Surrogacy (Regulation) Act, 2021, acknowledges the aspirations of single women who wish to become mothers through surrogacy, albeit within a limited framework. While the altruistic surrogacy model ensures ethical and transparent practices, the restrictions highlight the need for comprehensive guidance and support for single women navigating this path.

If you are a single woman considering surrogacy, consulting with a trusted surrogacy center or legal expert is essential to ensure a smooth and legally compliant journey to parenthood.

For more information or to check your eligibility, contact us today:
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