Exploring International Surrogacy: Where is Surrogacy Legal Around the World?

‍Surrogacy is a complex and sensitive topic that has gained significant attention in recent years. Many couples and individuals turn to surrogacy as a means to fulfill their dreams of having a child. However, the legal landscape surrounding surrogacy varies greatly from country to country, making it crucial for intended parents to understand where surrogacy is legal and how the laws differ around the world.

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Understanding the legal landscape of surrogacy

Before delving into the specific countries and states where surrogacy is legal, it’s important to understand the different types of surrogacy arrangements and the legal implications they carry. Surrogacy can be categorized into two main types: altruistic surrogacy and commercial surrogacy.

Altruistic surrogacy involves a surrogate who carries a child for the intended parents without any financial compensation. In this type of surrogacy, the surrogate is typically a close friend or family member of the intended parents. Altruistic surrogacy is legal in many countries, including the United Kingdom, Canada, Australia, and certain states in the United States.

On the other hand, commercial surrogacy involves a surrogate who receives financial compensation for carrying a child for the intended parents. The legality of commercial surrogacy varies significantly around the world. Some countries, such as Ukraine, Russia, and Georgia, have lenient laws that allow commercial surrogacy, while others, like France and Germany, prohibit it outright.

Additional guide for intended parents for cheap surrogacy countries.

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Countries where surrogacy is legal

Now let’s explore the countries where surrogacy is legal. It’s important to note that the laws and regulations surrounding surrogacy can change over time, so it’s always advisable to seek up-to-date information from reputable sources.

Information on international surrogacy laws organized in a table format:

Country	Eligibility for Surrogacy	Types of Surrogacy Allowed	Legal Protection for Intended Parents	Accessibility for Foreigners	Advertising for Surrogates
Australia	Altruistic surrogacy only	No donor or surrogate matching	Not applicable	Not applicable	Not legal
Canada	Altruistic surrogacy only	Not applicable	Not applicable	Altruistic surrogacy allowed	Not applicable
Greece	Heterosexual couples, single females	Not applicable	Not applicable	Foreign nationals allowed	Not applicable
Georgia	Heterosexual couples (including foreigners)	Compensated surrogacy	Well protected	Foreigners allowed	Not applicable
Ukraine	Heterosexual couples (including foreigners)	Compensated surrogacy	Well protected	Foreigners allowed	Not applicable
India	Indian citizens only	Commercial surrogacy allowed	Not applicable	Not applicable	Not applicable
Israel	Heterosexual Israeli citizens	Altruistic surrogacy only	Not applicable	Not applicable	Not applicable
Kenya	Locals and foreigners	Compensated surrogacy	Not legally protected	Not applicable	Not applicable
Laos	Foreigners only	Compensated surrogacy	Not legally protected	Foreigners allowed	Not applicable
Nigeria	Heterosexual Nigerian citizens	Altruistic and commercial surrogacy	Not applicable	Not applicable	Not applicable
South Africa	Heterosexual South African residents	Altruistic surrogacy	Not applicable	Not applicable	Not applicable
Thailand	Heterosexual Thai couples	Altruistic surrogacy only	Not applicable	Not applicable	Not applicable
UK	Not applicable	Altruistic surrogacy only	Not applicable	Foreigners cannot access	Not legal
USA	Gay and heterosexual foreigners	All forms of surrogacy	Well regulated	Foreigners allowed	Not applicable

As of 2022, the following countries are known to permit surrogacy:

1. United States: Surrogacy laws in the United States vary from state to state. California, Illinois, and Nevada are some of the states where surrogacy is widely practiced and legally protected.
2. Canada: Altruistic surrogacy is legal in Canada, but commercial surrogacy is prohibited.
3. Ukraine: Ukraine has become a popular destination for international surrogacy due to its favorable legal framework for commercial surrogacy.
4. Georgia: Similar to Ukraine and Russia, Georgia permits commercial surrogacy and has become a sought-after destination for intended parents.
5. Greece: Greece recently legalized surrogacy and offers a regulated framework for both altruistic and commercial surrogacy.
6. India: Although commercial surrogacy was banned in India in 2015, altruistic surrogacy is still permitted under certain conditions as per the Surrogacy Regulation Act 2021.
7. Surrogacy in Mexico: As per the Supreme Court order in 2021,  legal surrogacy is allowed for all family types in Mexico.
8. Surrogacy in Colombia:  For single men and gay men or gay couples, surrogacy in Colombia is turning out to be an affordable yet legally secure option.
9. Surrogacy in Argentina: For single men and gay men or gay couples, surrogacy in Colombia is turning out to be an affordable yet legally secure option.

These are just a few examples of countries where surrogacy is legal. Other countries, such as Mexico, Colombia, and some European nations, have specific regulations regarding surrogacy.

Surrogacy Regulation Overview

Laws regarding surrogacy – both traditional with the carrier’s egg or gestational via embryo transfer – vary extensively worldwide ranging from permissive to prohibited.

• Liberal countries: U.S., Ukraine, Georgia, Mexico
• Neutral countries: Canada, the U.K.,
• Restrictive countries: Australia, China, France
• Banned countries: Germany, Italy, Saudi Arabia

Why such drastic differences? Legislatures grapple with complex questions around commodifying life, women’s health protections, and children’s rights. Regional ethics and values also play major roles in dictating comfort levels with surrogacy.

States where surrogacy is legal in the United States

In the United States, surrogacy laws vary at the state level, leading to a patchwork of regulations. Here are some states where surrogacy is legal:

• California: California has one of the most favorable legal environments for surrogacy. It allows both traditional and gestational surrogacy, and intended parents have legal rights from the beginning of the process.
• Illinois: Surrogacy is legal and well-regulated in Illinois. The state provides legal protections for intended parents, making it a popular destination for surrogacy.
• Nevada: Nevada is another state that has comprehensive surrogacy laws in place. It allows both traditional and gestational surrogacy arrangements.
• Massachusetts: Surrogacy is legal in Massachusetts, but the state requires a pre-birth order to establish the legal rights of the intended parents.
• New Hampshire: New Hampshire permits surrogacy, but it requires a court process to establish parental rights.

These are just a few examples of states where surrogacy is legal in the United States. Intended parents need to consult with an experienced attorney familiar with the specific laws in their chosen state.

Affordable Commercial Surrogacy: Where is it legal?

Commercial surrogacy, where the surrogate receives financial compensation, is a contentious issue in many countries. While some nations have embraced commercial surrogacy and have well-established industries, others have banned it altogether.

Countries where commercial surrogacy is legal include Ukraine, Russia, Georgia, Greece, and India (under certain conditions). These countries have created legal frameworks to regulate commercial surrogacy and protect the rights of all parties involved.

On the other hand, countries such as France, Germany, and Australia have banned commercial surrogacy due to concerns about exploitation and the commodification of human life. These countries only permit altruistic surrogacy, where the surrogate does not receive any financial compensation beyond reimbursement for medical expenses.

Recent changes in surrogacy laws around the world (2024)

Surrogacy laws are not static and can change over time. Intended parents need to stay informed about the latest developments in surrogacy legislation. As of 2022, several countries have made significant changes to their surrogacy laws:

• Greece: Greece recently legalized surrogacy and introduced a well-regulated framework to protect the rights of all parties involved.
• Portugal: Portugal passed a law in 2021 that allows altruistic surrogacy under strict conditions.
• New Zealand: New Zealand updated its surrogacy laws in 2020, making it easier for intended parents to pursue surrogacy arrangements.
• Israel: Israel recently passed a law allowing same-sex couples and single individuals to pursue surrogacy.

These are just a few examples of the recent changes in surrogacy laws. It’s essential for intended parents to stay updated on the legal landscape to make informed decisions about their surrogacy journey.

Surrogacy laws in Europe

Surrogacy laws in Europe vary significantly from country to country, reflecting the region’s diversity of cultural, social, and legal perspectives. While some European countries have embraced surrogacy and provide a legal framework for it, others have strict regulations or outright bans.

Countries where surrogacy is legal in Europe include Ukraine, Russia, Georgia, Greece, and the United Kingdom. These countries have established legal frameworks to regulate surrogacy and protect the rights of all parties involved.

On the other hand, countries such as France, Germany, Italy, and Spain have banned surrogacy or only permitted altruistic surrogacy. These countries have concerns about the ethical and legal implications of commercial surrogacy.

Challenges and controversies surrounding surrogacy laws

Surrogacy laws continue to spark debates and controversies around the world. Some of the key challenges and controversies surrounding surrogacy laws include:

• Exploitation of surrogates: Critics argue that commercial surrogacy can exploit vulnerable women, particularly in countries with lax regulations.
• Child welfare: Surrogacy raises questions about the welfare of the child and the potential emotional and psychological impacts of being born through surrogacy.
• Legal uncertainties: The legal complexities surrounding surrogacy, especially in cross-border arrangements, can create uncertainties and challenges for intended parents.
• Ethical concerns: Surrogacy raises ethical questions about the commodification of human life and the potential for the exploitation of women’s bodies.

Intended parents need to be aware of these challenges and controversies when considering international surrogacy.

Tips for navigating international surrogacy

Navigating international surrogacy can be a complex and daunting process. Here are some tips to help intended parents navigate the legal landscape:

• Research and consult reputable sources: Stay informed about the latest surrogacy laws and regulations in your chosen country or state. Consult with reputable surrogacy agencies and legal professionals who specialize in international surrogacy.
• Understand the legal framework: Familiarize yourself with the specific legal framework surrounding surrogacy in your chosen country or state. Understand the rights and responsibilities of all parties involved, including the surrogate, intended parents, and the child.
• Seek professional guidance: Work with experienced surrogacy consultants and attorneys who can guide you through the entire surrogacy process and ensure compliance with local laws.
• Consider the cultural and social context: Take into account the cultural and social norms of the country or state where you plan to pursue surrogacy. These factors can greatly impact the overall experience and legal implications of surrogacy. Finding a low-cost surrogate mother abroad is easy but you need to consider the legal and social stigma around the surrogacy process there.

Questions to Explore Around Surrogacy Legalities

As laws continuously evolve, asking the right questions allows smart decisions.

• What legal uncertainties could we encounter locally vs. overseas?
• How exactly does the citizenship/visa/birth certificate process work in each country?
• Does our state uphold or contest foreign commercial surrogacy contracts?
• What adoption or court procedures affirm parentage back home after international birth?

While complex, finding affordable surrogacy paths grows increasingly possible as more destinations recognize intended parents’ needs. Seeking specialized legal guidance, evaluating risk factors, and selecting only reputable clinics sets up success abroad.

More Resources to Read:

How much does Surrogacy Cost

Surrogacy Guide for Surrogate Mothers

Surrogacy Guide for Intended Parents

How does the surrogacy process work

Conclusion

International surrogacy is a complex and evolving landscape with varying legalities around the world. Understanding where surrogacy is legal and the different legal frameworks is crucial for intended parents. By staying informed, seeking professional guidance, and considering the challenges and controversies surrounding surrogacy, intended parents can navigate the process more confidently.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  Complete Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.

For more resources on IVF and Surrogacy, browse our other web page- IVF Conceptions.
For more resources on IVF and Surrogacy, browse our other web page- Georgia Surrogacy Agency.

Our team has over 13 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families.

Our founder and chief surrogacy consultant, Neelam Chhagani, passionately help couples struggling with fertility challenges. Since starting our surrogacy consulting agency in 2013, we’ve helped welcome over 500 babies for intended parents nationwide.

Our team includes experts from diverse backgrounds with leading reproductive attorneys, professionally trained top fertility doctors, former surrogacy case managers, experienced and kind surrogate mother and egg donor coordinators, mental health professionals specializing in infertility counseling, and a logistic support team to assist you in your chosen surrogacy country.

References used: 

• https://resolve.org
• https://www.asrm.org/