surrogacy for single man

Dear Client,
The Indian Citizenship Act of 1955 outlines the conditions for obtaining Indian citizenship, including for children born abroad to Indian parents. To obtain Indian citizenship, a child born through surrogacy in a foreign country would likely need to demonstrate that their parents are Indian citizens and that the child meets other requirements, such as having a birth certificate from the foreign country. According to the Surrogacy (Regulation) Act 2021, the child must be the legitimate child of the commissioning parent(s), and the birth certificate should contain the name(s) of the commissioning parents only. The process of acquiring Indian citizenship for a child born abroad through surrogacy can be challenging, as it involves navigating complex legal procedures and potentially requiring court orders. The parents must seek legal advice from experts in Indian citizenship law to understand their specific options and the steps they need to take to obtain citizenship for their child born through surrogacy abroad.

Dear client,

This is an important and sensitive matter with multiple legal layers—Indian surrogacy laws, international surrogacy laws, and Indian citizenship laws.
Under the Surrogacy (Regulation) Act, 2021, which came into effect in India:
Only married Indian heterosexual couples (male + female, married for 5+ years) are allowed to pursue altruistic surrogacy.
Single men, single women, LGBTQ+ individuals, and foreign nationals are not allowed to opt for surrogacy in India.
Commercial surrogacy is banned.

As a single Indian male residing in Kolkata, West Bengal, your aspiration to have a biological child through surrogacy in Kenya or Colombia and return to India with the child involves navigating intricate legal landscapes both internationally and within India. While Kenya's lack of specific surrogacy laws might seem permissive, and Colombia explicitly allows surrogacy for single individuals under altruistic gestational arrangements, the crucial aspect lies in establishing your legal parentage in either country and subsequently securing Indian citizenship for the child. Under India's Citizenship Act, 1955, a child born outside India to an Indian citizen may be eligible for Indian citizenship by descent, provided your biological link to the child is established and legally recognized in the foreign country's birth certificate. Consequently, obtaining a birth certificate naming you as the legal parent in Kenya or Colombia is a vital step.
Following this, you would need to apply for an Indian passport for the child at the Indian embassy in the respective nation, presenting proof of your Indian citizenship and the child's birth certificate, alongside documents confirming your legal parentage. It's critical to acknowledge that India's current Surrogacy (Regulation) Act, 2021, primarily governs surrogacy within India and prohibits commercial surrogacy, favoring altruistic arrangements for specific categories of Indian citizens. Therefore, while pursuing surrogacy in Kenya (where commercial surrogacy is reportedly practiced) or Colombia might be feasible, the recognition of such an arrangement and the child's citizenship in India will hinge on demonstrating legal parentage abroad and adhering to Indian citizenship laws. To navigate these complexities effectively, it is strongly recommended that you consult with legal experts in India, Kenya/Colombia, and potentially your local jurisdiction in Kolkata.
They can provide tailored advice on establishing parentage, obtaining necessary documentation, and addressing potential legal challenges in securing Indian citizenship for your child.
Maintaining close communication with the Indian Embassy or Consulate in the chosen country throughout the surrogacy process is also essential for guidance on passport applications and citizenship matters. Meticulous documentation of every step, from legal agreements to medical records and birth certificates, will be crucial in this journey.

Dear Sir,
It seems law is not so enlarged to get a child through surrogacy and then claim Indian citizenship. But if you have patience then you can fight for your rights accordingly as proposed by you.