Query on Parentage

Who is the legal father of the surrogate child under Indian law given that the surrogate mother is widowed and the sperm derives from the intended father?

Answer (1)

Team Legistify

  • Sector-1, Noida

Indian law doesn’t put any bar on opting for donor sperm or eggs. In cases where the child is biologically related to the intended father the intended father only would be the legal father provided the child so born should not be biologically connected to the surrogate mother. In such a scenario the donor egg should be used and the donor under guideline 3.5.5 shall be bound to relinquish all the parental rights over the child so born, thus making the intended father only as the legal father of the child as per Indian law.

Answered on 28 Sep 2018


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