Countries FAQ

Yes, there are about a dozen countries that have regulated surrogacy.

Here’s a list of countries categorized based on whether surrogacy is legally regulated, allowed under certain conditions, or completely banned:

Countries Where Surrogacy is Legally Regulated

• Australia – Altruistic surrogacy is legal; commercial surrogacy is illegal.
• Canada – Surrogacy is legal but must be altruistic; commercial surrogacy is illegal.
• Georgia – Surrogacy is allowed in Georgia, and the nation is known for having relatively liberal surrogacy laws.
• Greece – Altruistic surrogacy is legal; foreigners can engage in surrogacy arrangements under certain conditions.
• India – Only altruistic surrogacy for Indian couples is allowed; commercial surrogacy for foreigners and NRIs is banned.
• Iran – Surrogacy is allowed in Iran, and it is one of the few Muslim-majority countries that permits this practice.
• Israel – Surrogacy is regulated and permitted for Israeli citizens under specific conditions; international surrogacy is heavily restricted.
• New Zealand – Altruistic surrogacy is permitted; commercial surrogacy is illegal.
• Portugal – Surrogacy is allowed under strict conditions following recent legal changes.
• Russia – Commercial surrogacy is legal for both domestic and foreign individuals.
• South Africa – Surrogacy is legal but must be altruistic; court approval is required before conception.
• Ukraine – Commercial surrogacy is legal for heterosexual couples.
• United Kingdom – Surrogacy is legal but commercial surrogacy is prohibited; only reasonable expenses may be paid.
• United States – Laws vary by state; some states have very supportive legal frameworks for surrogacy, while others have restrictions or outright bans.

Countries Where Surrogacy is Banned or Illegal

• Bulgaria – All forms of surrogacy are banned.
• China – Commercial surrogacy is illegal, and there are strict regulations against all forms of surrogacy.
• France – All forms of surrogacy, whether commercial or altruistic, are banned.
• Germany – Both commercial and altruistic surrogacy are illegal.
• Italy – Surrogacy is illegal, and any contract or agreement is considered void and punishable.
• Lebanon: There are no clear legal regulations concerning surrogacy, which may leave some room for its practice, but not openly endorsed.
• Pakistan: Surrogacy is officially banned, and any practice of it is underground and not legally protected.
• Portugal – Surrogacy is only permitted in very specific circumstances, effectively making it banned for most cases.
• Saudi Arabia and Gulf Countries – Surrogacy is banned under any circumstances.
• Spain – While there is no specific law against surrogacy, any contract or agreement is considered null and void.
• Sweden – Commercial surrogacy is illegal, and there are significant restrictions on altruistic surrogacy.
• Switzerland – Both commercial and altruistic surrogacy are illegal.

Emerging Trends and Considerations

• Regulatory Trends: There is a global trend towards tightening regulations around surrogacy, with an increasing number of countries moving to ban commercial practices while still allowing altruistic arrangements.
• Ethical and Legal Debates: Surrogacy continues to be the subject of significant ethical and legal debate, particularly regarding the rights of the surrogate, the intended parents, and the resulting child.
• International Surrogacy: As laws differ widely between countries, international surrogacy has become more common, leading to complex legal issues regarding citizenship, parentage, and legal rights across borders.

Yes, altruistic surrogacy is legal, but commercial surrogacy is illegal.

In Australia, surrogacy is governed by laws that vary across different states and territories, but there are common principles that apply nationwide. The most fundamental rules are that surrogacy must be altruistic; commercial surrogacy, where the surrogate receives payment beyond reimbursement for medical and other reasonable expenses, is illegal in all states and territories. Here’s an overview of surrogacy laws as they apply across different regions in Australia:

National Regulations

• Altruistic Surrogacy: Only altruistic surrogacy is allowed. This means that surrogates may be reimbursed for out-of-pocket expenses related to the pregnancy, such as medical costs, maternity clothing, and other related expenses, but cannot be paid a fee or profit.
• Commercial Surrogacy: Commercial surrogacy is illegal across Australia. Engaging in commercial surrogacy within Australia, or entering into international commercial surrogacy arrangements, can lead to significant legal penalties, including fines and imprisonment.

State and Territory Specific Laws

• New South Wales, Queensland, and the Australian Capital Territory: It is also illegal to enter into international commercial surrogacy arrangements.
• Victoria: The state has a Surrogacy Act that permits altruistic surrogacy. The Victorian Assisted Reproductive Treatment Authority (VARTA) provides guidance and a legal framework for those considering surrogacy. Victoria also requires that all parties undergo counseling and legal advice before entering into a surrogacy arrangement.
• Western Australia: Surrogacy laws in WA were under review to potentially allow single men and gay couples to access altruistic surrogacy, which historically has been restricted.
• South Australia and Tasmania: These states allow for altruistic surrogacy and have frameworks in place to facilitate the transfer of parentage from the surrogate to the intended parents after the birth of the child.
• Northern Territory: There is no specific surrogacy legislation, which can make the legal situation regarding surrogacy more complex and uncertain.

Legal Process

• Parentage Orders: Across all states with surrogacy legislation, intended parents must apply to the family or supreme court for a parentage order to transfer legal parentage from the surrogate to the intended parents. This process typically occurs after the child is born.
• Legal and Counseling Requirements: Parties involved in a surrogacy arrangement are required to undergo counseling and obtain independent legal advice to ensure that all parties fully understand the terms and implications of the surrogacy agreement.

Yes, surrogacy is legal in Canada, but it is strictly regulated under the Assisted Human Reproduction Act. 

Surrogacy is legal in Canada, but it is strictly regulated under the Assisted Human Reproduction Act (AHRA). The regulations are designed to protect the health and well-being of all parties involved, including the surrogate, the intended parents, and the child. Here are the key aspects of surrogacy laws in Canada:

Key Features of Canadian Surrogacy Laws

Altruistic Surrogacy Only:

• Canada only allows altruistic surrogacy, meaning that surrogates may be reimbursed for out-of-pocket expenses related to the pregnancy (such as medical expenses, maternity clothing, travel costs), but they cannot receive any payment or profit for being a surrogate.

Prohibition on Commercial Surrogacy:

• Commercial surrogacy, where the surrogate is paid beyond the reimbursement of reasonable expenses, is illegal in Canada. Violations can result in significant penalties, including fines and imprisonment.

Legal Contracts:

• Surrogacy agreements are not enforceable by Canadian law in terms of compelling or preventing a pregnancy or the relinquishment of a child after birth. However, these contracts are important for clarifying the intentions and expectations of all parties, including how the surrogate will be reimbursed for her expenses.

Parentage Laws:

• Parentage laws vary by province and territory. Intended parents generally need to apply to a court post-birth to obtain a declaration of parentage, ensuring their legal rights as parents are recognized. In some jurisdictions, this process can be streamlined if legal arrangements are properly set up before the child’s birth.

No Discrimination:

• Canadian laws do not discriminate based on marital status or sexual orientation. Surrogacy is accessible to single individuals, unmarried couples, and LGBTQ+ individuals and couples.

Health Canada Regulations:

• Health Canada sets specific regulations on what expenses can be reimbursed to a surrogate to prevent commercialization. These include direct medical expenses, travel for medical appointments, and certain other costs directly related to the pregnancy.

Considerations for International Intended Parents

While Canada is a popular destination for surrogacy due to its legal framework and high-quality medical care, international intended parents should be aware that navigating the legal system, particularly around the transfer of parentage and citizenship issues for the child, can be complex and requires careful legal planning.

Yes, surrogacy is allowed in Georgia, and the nation is known for having relatively liberal surrogacy laws. 

Surrogacy is allowed in Georgia, and the nation is known for having relatively liberal surrogacy laws compared to many other countries. Surrogacy in Georgia is regulated by the “Law of Georgia on Health Care,” which ensures that the process is legal, and the rights of all parties are protected. Here are some key aspects of surrogacy laws in Georgia:

Legality and Parental Rights:

• The intended parents are recognized as the legal parents from the moment of conception, and the surrogate mother has no parental rights over the child. This is enshrined in the legal framework, ensuring clarity of parentage.

Eligibility:

• Surrogacy is available to heterosexual married couples. This requirement excludes unmarried couples, single individuals, and same-sex couples from availing themselves of surrogacy services under Georgian law.

Medical Indications:

• Surrogacy is typically recommended for medical reasons where a woman is unable to carry a pregnancy herself. These conditions must be documented and justified medically.

International Surrogacy:

• Due to its regulatory environment and lower costs relative to many Western countries, Georgia has become a popular destination for international intended parents seeking surrogacy services.

Legal Agreements:

• The process involves legal contracts that are strictly regulated to protect all parties involved, particularly concerning the rights and responsibilities of the surrogate and the intended parents.

Yes, surrogacy is legal in Greece and is regulated under the Greek legal framework. 

Surrogacy is legal in Greece and is regulated under the Greek legal framework. It is one of the few countries in Europe where both residents and foreigners can access surrogacy services under specific conditions. Here’s a detailed look at the surrogacy laws in Greece:

Key Features of Greek Surrogacy Laws

Regulated by Law:

• Surrogacy in Greece is regulated by the Law 3305/2005, which addresses medically assisted reproduction and includes provisions specifically for surrogacy. The law was amended in 2014 to clarify certain aspects and procedures.

Altruistic and Commercial Surrogacy:

• The Greek legal framework permits both altruistic and compensated (commercial) surrogacy arrangements. However, any financial compensation beyond reasonable expenses needs to be approved by a court.

Court Approval Required:

• All surrogacy agreements in Greece must receive prior approval from a court. The intended parents need to file an application that demonstrates their medical need for surrogacy, which is typically based on medical conditions that prevent a safe pregnancy. The court ensures that all parties have given informed consent, and that the arrangement is in the best interest of the child to be born.

Legal Parentage:

• Once the court approves the surrogacy arrangement, the intended parents are recognized as the legal parents of the child, even before birth. This removes the need for adoption processes after the child’s birth.

Access for Foreigners:

• Greece is one of the few countries that allow international intended parents to enter into surrogacy arrangements. Foreign couples and individuals can apply for surrogacy in Greece, provided they meet the legal requirements and obtain court approval as Greek citizens do.

Health and Legal Requirements:

• Both the surrogate and the intended parents must meet certain health and legal requirements, which include psychological evaluation and legal counseling to ensure all parties are fully aware of their rights and obligations.

Inclusivity:

• Surrogacy laws in Greece do not discriminate based on marital status or sexual orientation, making it accessible for single individuals and same-sex couples under certain conditions.

Considerations

• Ethical and Legal Implications: As with any surrogacy arrangement, ethical considerations and the welfare of all parties, especially the surrogate and the child, are paramount. Prospective parents are advised to engage with reputable agencies and legal experts to navigate the complex legal landscape.
• Cultural Sensitivity: While legally regulated, surrogacy might still be subject to cultural perceptions and personal beliefs in Greece, as in any country.

Yes, but altruistic surrogacy only, and with other restrictions. 

As of recent changes in the law, surrogacy in India is highly regulated and restricted compared to its previous status as a global hub for surrogacy services. The Surrogacy (Regulation) Act, passed in 2021, has significantly altered the landscape.

Key Features of the Surrogacy (Regulation) Act, 2021

Altruistic Surrogacy Only:

• The law permits only altruistic surrogacy in India, meaning no compensation other than necessary medical expenses and insurance coverage can be provided to the surrogate mother.

Prohibition on Commercial Surrogacy:

• Commercial surrogacy, which involves payment to the surrogate beyond the reasonable medical expenses and insurance, is strictly prohibited. This ban also extends to the sale and purchase of human embryos and gametes.

Eligibility Criteria for Intended Parents:

• Surrogacy is only available to Indian married couples who have been legally married for at least five years.
• The couple must have a medical indication for requiring surrogacy.
• The age limit is set for couples; women between 23 to 50 years and men 26 to 55 years are eligible.
• Couples must not have any surviving child (biological, adopted, or surrogate), except if the child is mentally or physically challenged or suffers from a life-threatening disorder with no permanent cure.

Surrogate Mother’s Requirements:

• A surrogate mother must be a close relative of the intending couple, must be married and have borne a child of her own, and must be between the ages of 25 and 35 years.
• A woman can only be a surrogate once in her lifetime.

Regulatory Boards:

• The act mandates the establishment of National and State Surrogacy Boards to regulate surrogacy clinics and oversee surrogacy practices throughout the country.

Insurance Coverage:

• The intended parents are required to ensure that the surrogate mother is insured for medical expenses and any complications arising during pregnancy.

Legal Parentage:

• The child born through surrogacy will be deemed the biological child of the intending couple.

Prohibition for Foreigners

Foreign nationals, Non-Resident Indians (NRIs), and Persons of Indian Origin (PIOs) are not allowed to commission surrogacy in India.

Recent Changes and Criticisms

India’s new surrogacy laws have faced criticism for being overly restrictive, especially in terms of defining who can be a surrogate and who can opt for surrogacy, effectively excluding a large segment of potential parents including unmarried individuals, LGBTQ+ individuals, and people without a ‘close relative’ who can act as a surrogate.

The Surrogacy (Regulation) Act, 2024 followed by the new laws as of February 21, 2024

As of February 2024, India’s Surrogacy (Regulation) Act of 2024 bans commercial surrogacy, and only allows altruistic surrogacy. The 2024 act also restricts surrogacy services to married Indian couples who have been legally married for at least five years, and who could provide a certificate of proven infertility. The act introduces several key features, including:

• Prohibition of commercial surrogacy.
• Limitation of surrogacy to heterosexually married Indian couples with proven infertility.
• Surrogacy is not allowed for single men, women, live-in and same-sex couples.
• Mandatory counseling sessions for both intended couples and surrogate mothers The new laws Leave the door open for Indians in India, OCI holders and NRI’s with Indian Passports, but ban surrogacies for all non-Indians in India.
• Sex selection is strictly prohibited.
• According to the law, couples intending to undergo IVF or surrogacy must be legally married and meet certain age criteria. The woman partner must be aged between 23 and 50 years, while the man partner must be within the age range of 26 to 55 years. They should not have any children from previous marriages or relationships. (Source: “India Changes Surrogacy Rules; Couples with Medical Condition Can … – MSN”)

The Surrogacy (Regulation) Act, 2024, offers a comprehensive framework to oversee surrogacy arrangements in India.

Defining Surrogacy

• The bill classifies surrogacy as “the transfer of an embryo formed using the gametes of either an intended couple or a single intended parent into the uterus of a surrogate mother.” Additionally, it defines a surrogate mother is described as “a woman who voluntarily carries and gives birth to a child for either an intended couple or a single intended parent.” (Source: “India’s Surrogacy Bill: A Path to Parenthood or a Barrier to Hope …”)

A Ban on Commercial Surrogacy

• One of the most notable aspects of the bill is its prohibition of commercial surrogacy.

Eligibility Criteria

• The bill paves the path to parenthood exclusively for heterosexually married Indian citizens who can prove infertility. Additionally, surrogate mothers must be aged between 25 and 35, and be married with one or more children.

Pre-Surrogacy Counseling

• Prior to beginning the surrogacy journey, the intended couple and the surrogate mother must take part in a series of counseling sessions, to ensure they have a comprehensive understanding of the process.

The Surrogacy Board

• To oversee and regulate the surrogacy industry, the bill sets up a Surrogacy Board. This body will handle issuing surrogacy licenses, monitoring surrogacy clinics, and addressing any grievances that may arise.

Details of Legal Aspects of Surrogacy in India

• While on February 21st, 2024, the Indian Government liberalized the restrictions and allowed the use of egg and sperm donors for surrogacy, other aspects of the law have been left intact as discussed below:

Features of the Surrogacy (Regulation) Bill, 2021 that are still in place:

• It provides for the constitution of surrogacy boards at the national as well as state levels to ensure effective regulation.
• It seeks to allow ethical altruistic surrogacy to the intending infertile Indian married couple between the age of 23-50 years for females and 26-55 years for males.
• Only Indian couples can choose surrogacy in the country.
• Surrogacy for single man is banned in India
• Okay to do surrogacy in India if you are an Indian citizen and have H-1 visa or Green Card in the USA.
• Okay to do surrogacy in India if you are of Indian Origin but now are a USA, Canada or other country’s Citizen with foreign Passport, but have a OCI card.
• Your baby will be an Indian Citizen by birth. The parent can then apply for non-Indian citizenship based upon the laws of the country where the parents have passports.
• It is necessary for the couple to obtain a certificate of essentiality and a certificate of eligibility before proceeding with surrogacy.
• It also provides that couples should not abandon the child born out of surrogacy under any circumstance. The newborn child shall be entitled to all rights and privileges that are available to a natural child.
• All surrogacy clinics in the country must be registered by the appropriate authorities to undertake surrogacy or its related procedures.
• The Bill provides various safeguards for surrogate mothers. One of them is insurance coverage.
• It also specifies that no sex selection can be done when it comes to surrogacy.

Yes, surrogacy is allowed in Iran, and it is one of the few Muslim-majority countries that permits this practice.

Surrogacy is allowed in Iran, and it is one of the few Muslim-majority countries that permits this practice. The acceptance of surrogacy in Iran is quite unique given the typical restrictions in other Islamic countries, where surrogacy often conflicts with religious and cultural norms about lineage and parenthood. Here are some key aspects of surrogacy in Iran:

Legal and Religious Sanction:

• Surrogacy in Iran is legally and religiously sanctioned under certain conditions. A fatwa (religious decree) issued by Ayatollah Ali Khamenei in the 1990s permitted surrogacy as a solution for infertility, thus paving the way for its acceptance under Iranian law.

Regulations:

• The practice is regulated to ensure that it aligns with Islamic principles. This typically means that all parties involved must adhere to legal contracts that specify the roles and expectations clearly. The surrogate mother has no parental rights over the child born from surrogacy.

Requirements:

• Surrogacy is generally restricted to married couples where the wife is unable to carry out a pregnancy. The egg and sperm used must come from the legally married couple, which aligns with Islamic teachings that emphasize the importance of preserving lineage and familial bonds.

Cultural Context:

• While legally permitted, surrogacy can still carry a social stigma in Iran. This stigma is often related to traditional views on childbearing and the roles of women.

Medical Infrastructure:

• Iran has a well-developed medical infrastructure supporting assisted reproductive technologies, including surrogacy. This makes it a viable option for couples within Iran and from neighboring regions seeking such services.

Yes, surrogacy is legal in Israel, but it is highly regulated under the Embryo Carrying Agreements Law.

Surrogacy is legal in Israel, but it is highly regulated under the Embryo Carrying Agreements Law, which was first enacted in 1996. The regulations are designed to protect all parties involved, including the surrogate and the intended parents, while strictly controlling the conditions under which surrogacy can be pursued. Here’s a detailed look at the surrogacy laws in Israel:

Key Features of Israeli Surrogacy Laws

Regulated by Specific Surrogacy Approval Committees:

• Surrogacy agreements must be approved by one of the state-appointed surrogacy approval committees. These committees ensure that all medical, legal, and psychological criteria are met before approving any surrogacy arrangement.

Eligibility Criteria for Intended Parents:

• Originally, surrogacy in Israel was only available to heterosexual married couples. However, recent legal changes have expanded eligibility to include single women and men and, potentially in the near future, gay couples, following various court rulings and government proposals to further liberalize the laws.

Altruistic Surrogacy with Compensation:

• The surrogate can be compensated for her time and inconvenience in addition to coverage of all medical and ancillary costs related to the pregnancy. However, the process is not commercial in the traditional sense, as the compensation must be approved and regulated by the approval committees.

Israeli Citizenship for the Surrogate:

• Surrogates must be Israeli citizens who have previously given birth and are raising at least one child. Their physical and mental health must be thoroughly assessed before approval.

International Surrogacy:

• While many Israelis have historically sought surrogacy services abroad due to strict local regulations, changes in global surrogacy laws (e.g., in India, Nepal, and Thailand) have impacted these options. As a result, there is ongoing debate and legislative activity aimed at making domestic surrogacy more accessible.

Legal Parentage:

• Legal parentage is transferred from the surrogate to the intended parents through the surrogacy agreement and is legally recognized upon the birth of the child, following the approval of the surrogacy committee.

Recent Developments

As of recent updates and legal debates, there has been a push to expand surrogacy rights to all individuals regardless of marital status or sexual orientation, driven by Supreme Court decisions and public advocacy. These changes are part of an evolving legal landscape aimed at increasing inclusivity and access to reproductive technologies in Israel.

Yes, surrogacy is allowed in New Zealand, but it is tightly regulated. 

Surrogacy is allowed in New Zealand, but it is tightly regulated to ensure ethical practices and to protect all parties involved, particularly the surrogate and the resulting child. Here are the key aspects of surrogacy laws and practices in New Zealand:

Key Features of New Zealand Surrogacy Laws

1. Altruistic Surrogacy Only:

• New Zealand permits only altruistic surrogacy. This means that surrogates may be reimbursed for actual expenses related to the surrogacy, such as medical costs and maternity clothing, but cannot receive any other form of payment or profit.

2. Legal Framework:

• While there is no specific surrogacy legislation in New Zealand, surrogacy arrangements are governed under the broader umbrella of fertility treatment regulations and adoption laws. The Human Assisted Reproductive Technology Act 2004 (HART Act) oversees assisted reproductive technologies, including surrogacy.

3. Requirement for Ethical Approval:

• Before proceeding with surrogacy, the arrangement must receive approval from an Ethics Committee on Assisted Reproductive Technology (ECART). ECART ensures that all surrogacy arrangements meet specific ethical standards, and that informed consent is obtained from all parties.

4. Legal Parentage:

• The surrogate and her partner (if she has one) are the legal parents of the child at birth according to New Zealand law, regardless of the genetic relationship. Intended parents must apply to the Family Court for an adoption order to obtain legal parentage of the child born through surrogacy. This process usually takes place after the birth.

5. No Discrimination:

• New Zealand law does not discriminate based on the marital status or sexual orientation of the intended parents. Both single individuals and couples, regardless of sexual orientation, can pursue surrogacy arrangements.

6. International Surrogacy:

• New Zealanders sometimes engage in international surrogacy arrangements; however, they must still navigate New Zealand laws regarding the transfer of parentage on returning to the country. Legal advice is recommended to ensure compliance with both New Zealand and foreign laws.

Considerations and Legal Advice

• Legal Advice: It is highly recommended that all parties involved in a surrogacy arrangement seek independent legal advice. This ensures that everyone is fully aware of their rights and responsibilities and understands the legal process involved in transferring parentage.
• Psychological and Medical Screening: As part of the application process to ECART, psychological assessments and medical screenings are typically required for surrogates and intended parents.

Yes, surrogacy is allowed in Portugal under specific circumstances.

Surrogacy is allowed in Portugal under specific circumstances, but it is heavily regulated. The legal framework underwent significant changes in 2016, when the Portuguese Parliament approved laws permitting surrogacy for cases where a woman is unable to carry a pregnancy due to medical reasons. However, the regulatory environment has faced legal challenges and revisions since then. Here’s an overview of the key aspects of surrogacy laws in Portugal:

Key Features of Portuguese Surrogacy Laws

Altruistic Surrogacy Only:

• Portugal allows only altruistic surrogacy. This means the surrogate cannot receive any financial compensation beyond the reimbursement of expenses incurred as a result of the pregnancy.

Strict Eligibility Criteria:

• Surrogacy is only allowed for medical reasons, specifically in cases where a woman does not have a uterus or has a medical condition that prevents her from carrying a pregnancy or poses a risk of serious health complications if she becomes pregnant.

Legal Approval Required:

• All surrogacy agreements must be authorized by the Portuguese Council for Assisted Reproductive Technology (CNPMA). This council evaluates each case to ensure that there is a valid medical reason for the surrogacy and that all parties have agreed to the arrangement voluntarily.

Judicial Authorization:

• Following approval by the CNPMA, the surrogacy agreement must also be ratified by a court. This judicial authorization is necessary before any medical procedures related to the surrogacy can commence.

Parental Rights:

• Legal parentage in surrogacy cases in Portugal is not automatically granted to the intended parents. After the birth, the intended parents must go through a process to have their parental rights recognized legally, although recent legal frameworks aim to streamline this process.

Legal and Ethical Considerations:

• The surrogate mother has the right to revoke her consent at any time up until the embryo transfer. After the birth, however, Portuguese law is designed to respect the surrogacy agreement in terms of parental rights, provided all legal procedures have been followed correctly.

Recent Developments

• In 2018, the Portuguese Constitutional Court raised concerns about aspects of the surrogacy law, particularly regarding the surrogate’s rights and compensation, leading to temporary suspensions and revisions of the legal framework.
• As of the latest updates, the law has been revised and reinforced to better protect all parties’ rights and clarify the procedures and requirements necessary for a surrogacy arrangement.

Considerations

• Legal Representation: Given the complexity and sensitivity of surrogacy laws in Portugal, it is crucial for all parties involved to obtain comprehensive legal advice to navigate the regulatory requirements and ensure compliance with the law.
• Ethical and Social Implications: Surrogacy involves significant ethical, social, and emotional considerations, which are reflected in the strict regulations and the need for approvals from both medical and legal authorities in Portugal.

Yes, surrogacy is legal in Russia, and it is one of the few countries that allows both altruistic and commercial surrogacy.

Surrogacy is legal in Russia, and it is one of the few countries that allows both altruistic and commercial surrogacy. The legal framework is relatively liberal compared to many other countries, which has made Russia a popular destination for those seeking surrogacy services, including international intended parents. Here’s a detailed look at the surrogacy laws in Russia:

Key Features of Russian Surrogacy Laws

Commercial and Altruistic Surrogacy:

• Russia allows commercial surrogacy, meaning it is legal to compensate a surrogate mother beyond just medical expenses and other pregnancy-related costs. This includes payment for the surrogacy itself.

Legal Framework:

• The legal aspects of surrogacy are governed by several Russian laws, including the Family Code of the Russian Federation and the Federal Law on Basics of Health Protection of the Citizens of the Russian Federation. These laws recognize the intended parents as the legal parents from birth, provided their names are on the initial consent form for embryo transfer.

Parental Rights:

• Legal parentage is established at the time of the child’s birth with the intended parents’ names placed directly on the birth certificate if they are genetically related to the child. This process bypasses the need for adoption that is common in many other jurisdictions.

Surrogate’s Requirements:

• Surrogates in Russia must have at least one child of their own before they can become a surrogate. This requirement ensures that the surrogate understands the medical risks and emotional challenges associated with childbirth and child-rearing.

No Discrimination Against Foreigners:

• Russia allows foreign individuals and couples to use surrogacy services. There are no restrictions based on marital status or sexual orientation, making it a viable option for single parents and LGBTQ+ individuals and couples.

No Requirement for a Medical Indication:

• Unlike many countries where medical reasons are necessary to opt for surrogacy, Russia does not require intended parents to prove infertility or any other medical condition to pursue surrogacy.

Considerations and Implications

• Legal and Medical Support: Intended parents, especially those from other countries, are advised to work with reputable agencies that provide both legal and medical support throughout the surrogacy process.
• Ethical and Social Aspects: As with any country, it is crucial to consider the ethical implications of engaging in commercial surrogacy, including the welfare and rights of the surrogate.
• Cultural Sensitivity: While surrogacy is legally accepted, it is essential for international intended parents to understand and respect local customs and practices in Russia.

Yes, surrogacy is legal in South Africa and is regulated under the Children’s Act of 2005.

Surrogacy is legal in South Africa and is regulated under the Children’s Act of 2005, which provides comprehensive guidelines and procedures for managing surrogacy arrangements. The law is designed to protect the rights and interests of all parties involved, including the surrogate, the intended parents, and the child. Here are the key aspects of South African surrogacy laws:

Key Features of South African Surrogacy Laws

Altruistic Surrogacy Only:

• Surrogacy in South Africa must be altruistic, meaning the surrogate may only be reimbursed for reasonable expenses related to the pregnancy. Compensation beyond direct expenses is prohibited.

High Court Approval Required:

• All surrogacy agreements must be approved by the High Court before any medical procedures related to assisted reproduction take place. This ensures that all surrogacy agreements meet the legal requirements and protect the rights of all parties.

Requirements for Surrogacy Agreements:

• The agreement must include provisions for the confirmation of parentage to ensure that the intended parents are recognized as the legal parents from birth.
• Surrogates must have had at least one successful pregnancy and delivery before and must already be parenting at least one child of their own. This helps ensure that the surrogate understands the emotional and physical implications of childbirth.

Intended Parents’ Eligibility:

• At least one of the intended parents must contribute genetically to the creation of the child (i.e., their gametes must be used in the IVF process). This genetic link between the child and at least one of the intended parents is mandatory.

Parental Rights and Responsibilities:

• Legal parental rights and responsibilities rest with the intended parents from the moment of birth of the child. The surrogate has no parental rights or responsibilities towards the child, provided that the surrogacy agreement is in place and has been approved by the court.

Counseling and Legal Advice:

• Both the surrogate and the intended parents must receive independent legal and psychological counseling to ensure that they understand the implications and responsibilities associated with the surrogacy agreement.

No Discrimination:

• Surrogacy laws in South Africa do not discriminate based on the marital status or sexual orientation of the intended parents. Both single individuals and couples, regardless of sexual orientation, are eligible to pursue surrogacy arrangements.

Legal Process

• The process involves a detailed legal application to the High Court, which examines whether all statutory requirements are met and whether the surrogacy agreement is in the best interests of the child to be born.
• This judicial oversight helps to prevent exploitation and ensures that surrogacy is used responsibly and ethically.

Yes, surrogacy is legal in Ukraine and is one of the few countries that explicitly permits both altruistic and commercial surrogacy for foreign and domestic intended parents. 

Surrogacy is legal in Ukraine and is one of the few countries that explicitly permits both altruistic and commercial surrogacy for foreign and domestic intended parents. Ukraine’s laws regarding surrogacy are among the most favorable in Europe, which has made it a popular destination for international couples seeking surrogacy solutions. Here’s a detailed look at the surrogacy laws in Ukraine:

Key Features of Ukrainian Surrogacy Laws
Commercial and Altruistic Surrogacy:

• Ukraine allows for both altruistic and commercial surrogacy arrangements. Surrogates can be compensated beyond the reimbursement of medical and other pregnancy-related expenses.

Legal Framework:

• Surrogacy is regulated by several Ukrainian laws, particularly the Family Code of Ukraine, which outline the conditions under which surrogacy can be practiced and the legal status of the intended parents and the surrogate.

Legal Parentage:

• The intended parents are recognized as the legal parents from the moment of conception, and their names are directly placed on the birth certificate. There is no need for adoption proceedings, even if the intended parents are not genetically related to the child.

Requirements for Intended Parents:

• Surrogacy in Ukraine is available to heterosexual married couples only. At least one of the intended parents must have a genetic link to the child. This requirement ensures that there is a biological connection to at least one parent, which is a crucial legal aspect under Ukrainian law.

Health and Psychological Requirements:

• Surrogates must meet strict health and psychological criteria, including having at least one child of their own, which assures that they understand the emotional and physical implications of childbirth.

Legal Support and Documentation:

• It is mandatory for all parties involved in the surrogacy process to have legal support. This includes drafting comprehensive surrogacy contracts that comply with Ukrainian law. The contracts must clearly outline the obligations and rights of both the surrogate and the intended parents.

No Discrimination Against Foreigners:

• Ukraine does not discriminate against foreign nationals in the realm of surrogacy, making it an attractive location for international intended parents. However, the legal conditions — such as the marriage and genetic connection requirements — apply equally to both domestic and international couples.

Ethical and Regulatory Considerations

• Ukraine’s laws help prevent exploitation by enforcing strict legal and medical protocols.
• Intended parents and surrogates are advised to work with reputable agencies and legal professionals to ensure all aspects of the surrogacy agreement comply with Ukrainian laws and international standards.

Current Status

• Ukraine continues to be a significant center for surrogacy, but intended parents should be aware of the geopolitical situation and consider potential risks, especially due to political instability and conflicts affecting parts of the country.