Recent modifications of surrogacy rules for foreigners allows only couples married for 2 years to access facilities of ART as it is felt that a stable marriage is necessary. Should single parent surrogacy be allowed when live in couples and gays are not allowed? Or should the rules be modified to also allow live in and gays the access to this treatment.
As of today the Indian law as well as Indian society does not accept Gays and Lesbian marriages and even live- in- couples are not considered married. ART and adoption are allowed to single parent by law but society still has to accept the reality. The law regarding two years of marriage before surrogacy for foreign nationals can’t be applied to Indians because of the inherent contradictions. Primary concern is the welfare of children which not only depends upon good parenting but also the peers and the society the child grows with.