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
Countries Where Surrogacy is Banned or Illegal
Emerging Trends and Considerations
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
State and Territory Specific Laws
Legal Process
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:
Prohibition on Commercial Surrogacy:
Legal Contracts:
Parentage Laws:
No Discrimination:
Health Canada Regulations:
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:
Eligibility:
Medical Indications:
International Surrogacy:
Legal Agreements:
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:
Altruistic and Commercial Surrogacy:
Court Approval Required:
Legal Parentage:
Access for Foreigners:
Health and Legal Requirements:
Inclusivity:
Considerations
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:
Prohibition on Commercial Surrogacy:
Eligibility Criteria for Intended Parents:
Surrogate Mother’s Requirements:
Regulatory Boards:
Insurance Coverage:
Legal Parentage:
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:
The Surrogacy (Regulation) Act, 2024, offers a comprehensive framework to oversee surrogacy arrangements in India.
Defining Surrogacy
A Ban on Commercial Surrogacy
Eligibility Criteria
Pre-Surrogacy Counseling
The Surrogacy Board
Details of Legal Aspects of Surrogacy in India
Features of the Surrogacy (Regulation) Bill, 2021 that are still in place:
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:
Regulations:
Requirements:
Cultural Context:
Medical Infrastructure:
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:
Eligibility Criteria for Intended Parents:
Altruistic Surrogacy with Compensation:
Israeli Citizenship for the Surrogate:
International Surrogacy:
Legal Parentage:
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:
2. Legal Framework:
3. Requirement for Ethical Approval:
4. Legal Parentage:
5. No Discrimination:
6. International Surrogacy:
Considerations and Legal Advice
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:
Strict Eligibility Criteria:
Legal Approval Required:
Judicial Authorization:
Parental Rights:
Legal and Ethical Considerations:
Recent Developments
Considerations
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:
Legal Framework:
Parental Rights:
Surrogate’s Requirements:
No Discrimination Against Foreigners:
No Requirement for a Medical Indication:
Considerations and Implications
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:
High Court Approval Required:
Requirements for Surrogacy Agreements:
Intended Parents’ Eligibility:
Parental Rights and Responsibilities:
Counseling and Legal Advice:
No Discrimination:
Legal Process
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:
Legal Framework:
Legal Parentage:
Requirements for Intended Parents:
Health and Psychological Requirements:
Legal Support and Documentation:
No Discrimination Against Foreigners:
Ethical and Regulatory Considerations
Current Status
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