Issues On Becoming Gay Parents Through Surrogacy: Loopholes in Surrogacy Law In India

Abstract

Decriminalising homosexuality by challenging the provision under section 377 of the Indian Penal Code has changed the nation towards acceptance of their relationship, but the change is not absolute. While considering LGBTQ+ relationships we have come up with list of questions regarding their Personal Laws like marriage, Adoption, maintenance, custody, surrogacy and so on. All these laws are hushed when it comes to LGBTQ+ communities. This article is going to focus on Gay men parenting through the process of surrogacy as an alternative for adoption. Surrogacy is the only way for the gay persons or the LGBTQ+ people to become parent and form a family that develops a biogenetic connection. The study has adopted both qualitative & quantitative way of data collection where the estimated sample size is approximately 35 respondents selected from random samplings technic. Case studies in between the year 2021-2023 were taken into consideration. The Indian surrogacy laws does not give provisions for the LGBTQ+ Persons or LGBTQ+ couples parenting through the process of surrogacy neither through Adoption.