The Global Picture Is Shifting — Fast
For LGBTQ+ intended parents pursuing surrogacy in 2026, the legal landscape has never been more complex — or more urgent to understand.
Some countries have expanded access. Others have reversed course. And a handful have taken dramatic, headline-making steps to restrict the rights of LGBTQ+ individuals entirely.
Ghana is the most striking example right now.
On May 29, 2026, Ghana’s parliament unanimously passed the Human Sexual Rights and Family Values Bill, 2025 — imposing penalties of up to three years’ imprisonment for people who engage in homosexual relations, and between three and five years for the promotion, sponsorship, or intentional support of LGBTQ activities.
The bill now sits with President John Dramani Mahama, who has signaled his support.
This development has direct implications for any LGBTQ+ intended parent who has been exploring Ghana as a surrogacy destination.
But Ghana is not alone. Across Africa, Europe, and parts of Asia, the regulatory environment for LGBTQ+ families is changing. This guide provides a clear, honest, country-by-country breakdown — so you can make informed decisions about where to pursue your surrogacy journey.
LGBTQ+ Surrogacy: Country-by-Country Status Table
| Country | Same-Sex Legal? | Surrogacy Allowed for LGBTQ+? | Key Notes |
|---|---|---|---|
| 🇺🇸 United States | ✅ Yes | ✅ Yes (most states) | California, Nevada, Connecticut are most LGBT-friendly; Trump EOs add some uncertainty |
| 🇨🇦 Canada | ✅ Yes | ✅ Yes | Altruistic surrogacy only; full LGBTQ+ access; $90,000–$140,000+ |
| 🇨🇴 Colombia | ✅ Yes | ✅ Yes | Constitutional ruling supports surrogacy; lower cost ~$64,000 |
| 🇬🇷 Greece | ✅ Yes | ⚠️ Restricted | Gay male couples and single men explicitly banned as of April 2025 |
| 🇵🇹 Portugal | ✅ Yes | ⚠️ Restricted | Narrow eligibility; LGBTQ+ access limited |
| 🇬🇧 United Kingdom | ✅ Yes | ✅ Yes (altruistic) | No commercial surrogacy; legal reform underway |
| 🇮🇹 Italy | ✅ (civil unions) | ❌ No | Surrogacy criminalized universally; LGBTQ+ couples particularly targeted |
| 🇺🇦 Ukraine | ❌ No | ❌ No | Surrogacy heterosexual married couples only |
| 🇬🇪 Georgia | ❌ No | ❌ No | Married heterosexual couples only |
| 🇮🇷 Iran | ❌ No | ❌ No | Married heterosexual couples only |
| 🇰🇭 Cambodia | ❌ Banned | ❌ Banned | Surrogacy banned entirely since 2016; anti-trafficking enforcement |
| 🇹🇭 Thailand | ❌ Banned | ❌ Banned | Commercial surrogacy banned; foreigners prohibited |
| 🇳🇵 Nepal | ❌ Banned | ❌ Banned | Surrogacy banned for all foreigners |
| 🇮🇳 India | ❌ Banned (foreign) | ❌ Banned | Altruistic only for Indian citizens; foreigners excluded |
| 🇷🇺 Russia | ❌ No | ❌ No | LGBTQ+ banned; surrogacy for heterosexual married couples only |
| 🇬🇭 Ghana | ⚠️ Criminalized (pending) | ❌ Not recommended | Anti-LGBTQ bill passed parliament May 29, 2026; awaiting presidential signature |
| 🇺🇬 Uganda | ❌ Criminalized | ❌ No | Life imprisonment for same-sex acts; death penalty possible under aggravated provisions |
| 🇸🇳 Senegal | ❌ Criminalized | ❌ No | Maximum prison sentence recently doubled to 10 years for same-sex acts |
| 🇧🇫 Burkina Faso | ❌ Criminalized | ❌ No | Same-sex acts newly criminalized September 2025 |
| 🇸🇦 Saudi Arabia | ❌ Criminalized | ❌ No | Death penalty possible |
| 🇳🇬 Nigeria | ❌ Criminalized | ❌ No | Up to 14 years imprisonment; Sharia states apply additional penalties |
Breaking: Ghana’s Anti-LGBTQ Bill — What Happened and Why It Matters
Ghana had been quietly developing a reputation as one of West Africa’s more progressive fertility destinations — with a growing IVF sector and legal recognition of assisted reproduction under the Registration of Births and Deaths Act, 2020.
That picture changed significantly this week.
Ghana’s Parliament passed the Human Sexual Rights and Family Values Bill, 2025 on May 29, 2026, sending the legislation to President John Dramani Mahama for his signature. The bill criminalizes the promotion, funding, and sponsorship of LGBTQ activity, and extends existing prison penalties for same-sex acts.
This is not the first attempt. Ghana’s parliament first passed a version of the bill in February 2024, but it expired without then-President Nana Akufo-Addo’s approval. The reintroduced bill significantly expands criminal sanctions related to same-sex conduct and imposes up to three years in prison for anyone who even identifies as LGBT.
The bill now awaits the decision of President John Dramani Mahama. In February 2025, Mahama said:
“I believe in the principles and values that only two genders exist — man and woman. And that marriage is between a man and a woman.”
What the Law Would Do
The legislation retains existing penalties of up to three years’ imprisonment for same-sex sexual acts and introduces prison terms of between three and five years for those found to be promoting or sponsoring LGBTQ-related activities or content.
Critically for fertility providers and intended parents, the law takes the extreme and internationally unprecedented step of criminalizing simply being what the law refers to as an “LGBTTQAP+” person — defined as “a person who holds out as a lesbian, a gay, a bisexual, a transgender, a transsexual, a queer, an ally, a pansexual, or any other sexual identity.”
Some limited carve-outs exist. Lawyers can still represent LGBTQ clients without being penalized. The media will be able to address these issues, and healthcare professionals will be able to provide care or psychological support to LGBT+ people without fear of reprisal.
However, those carve-outs do not extend to surrogacy facilitation, agency services, or advocacy.
Why This Matters for International Intended Parents
If you are an LGBTQ+ intended parent who has been exploring Ghana as a surrogacy destination, the message is clear:
Ghana is not a safe or viable surrogacy option for LGBTQ+ families at this time.
Even before this bill, same-sex relationships were already criminalized in Ghana under a colonial-era law. The new legislation expands that framework dramatically. Traveling to Ghana to pursue surrogacy as an openly LGBTQ+ person — or working with an agency that facilitates such arrangements — could expose you, your surrogate, and your medical team to serious legal risk.
At Surrogacy4All, we are monitoring this situation closely. Our Ghana surrogacy program is designed for heterosexual intended parents only until the legal landscape provides clear, enforceable protections for all families.
The Broader West African and African Trend
Ghana’s legislation is part of a regional pattern.
In March, Senegal enacted a law doubling the maximum prison sentence for same-sex sexual acts from five to ten years and criminalizing what authorities described as the promotion of homosexuality. In September 2025, lawmakers in Burkina Faso voted to criminalize same-sex sexual acts for the first time and introduced penalties for conduct deemed to promote homosexual practices. Beyond West Africa, Uganda enacted the Anti-Homosexuality Act in 2023, introducing penalties including life imprisonment for same-sex intercourse and the death penalty for what the law terms “aggravated homosexuality.”
According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), around 60 countries in the world ban same-sex relations, about half of them in Africa.
Europe Is Also Tightening — In Some Places
The restrictions aren’t limited to Africa. Europe has also seen rollbacks.
Greece, which was expanding its surrogacy program, announced plans in April 2025 to ban gay male couples and single men from conceiving children through surrogacy.
Italy has gone further. Italy’s far-right government directed Milan’s city council to stop registering the children of same-sex parents. Giorgia Meloni described surrogacy as “a symbol of an abominable society that confuses desire with rights.”
Italy now has one of the most restrictive reproductive rights environments in Western Europe.
Where LGBTQ+ Intended Parents Can Still Pursue Surrogacy Safely
Despite these restrictions, safe and legal pathways exist.
United States
United States remains the gold standard. Most surrogacy-friendly states — including California, Nevada, Connecticut, and New York — offer full legal protections for LGBTQ+ intended parents, enforceable pre-birth orders, and robust medical standards. Cost ranges from $150,000–$220,000+, but the legal certainty is unmatched.
Canada
Canada provides full LGBTQ+ access through altruistic surrogacy. Wait times for a surrogate match can run 3–12 months, with all-in costs typically ranging from $90,000–$140,000 CAD. The baby is entitled to Canadian citizenship. Surrogacy4All works with Canadian surrogates and can guide you through the process — contact Dee or Reeta at 1-212-661-7177.
Colombia
Colombia offers a more affordable option, with a constitutional framework supporting surrogacy and full LGBTQ+ adoption rights. Costs run approximately $64,000.
The Lesson From Cambodia — And Now Ghana
Cambodia’s 2016 surrogacy crackdown left intended parents stranded, surrogates facing criminal charges, and babies caught in legal limbo. The core lesson was stark: the cheapest destination can become the most costly when legal infrastructure collapses.
Ghana is now sending a similar warning signal — specifically for LGBTQ+ families.
The lesson is not that Ghana is a bad country, or that surrogacy there can never work for any family. It is that legal certainty must come before cost calculations. If your legal status in a country is precarious — or actively criminalized — no IVF price point justifies the risk.
What Surrogacy4All Recommends for LGBTQ+ Intended Parents in 2026
✅ USA surrogacy — Full legal protection, LGBTQ+-affirming agencies, pre-birth orders available
✅ Canada surrogacy — Full LGBTQ+ access, Canadian citizenship for baby, Surrogacy4All-supported
✅ Colombia — Legal framework supportive; lower cost option worth exploring
⚠️ Greece — Gay male couples currently restricted; verify current eligibility before proceeding
❌ Ghana — Not recommended for LGBTQ+ families pending resolution of the 2025 bill
❌ Uganda, Nigeria, Senegal, Saudi Arabia — Criminalized; avoid entirely
Every family is unique. Contact Surrogacy4All for a free, confidential consultation to find the safest and most affordable path for your specific situation.
Frequently Asked Questions
Q. Can gay couples pursue surrogacy in Ghana?
Ans. No. Ghana is not a safe option for LGBTQ+ intended parents. As of May 2026, the Ghanaian parliament has passed legislation criminalizing same-sex conduct and LGBTQ+ advocacy. The bill awaits presidential signature.
Q. Which country is the safest for gay surrogacy?
Ans. The United States — specifically California, Nevada, Connecticut, and New York — provides the strongest legal protections for LGBTQ+ intended parents, with court-enforceable pre-birth orders and comprehensive medical oversight.
Q. Is Canada an option for LGBTQ+ surrogacy?
Ans. Yes. Canada fully recognizes LGBTQ+ surrogacy arrangements. Surrogacy4All supports Canadian programs. Contact us at 1-212-661-7177.
Q. What happened to surrogacy in Cambodia?
Ans. Cambodia banned commercial surrogacy in 2016 and prosecuted surrogates and agencies under anti-human trafficking laws. It is not a viable surrogacy destination.
Contact Surrogacy4All
Schedule a Free Consultation Today — Our team will help you find the legal, safe, and affordable surrogacy path that’s right for your family.
Dr. Kulsoom Baloch
Dr. Kulsoom Baloch is a dedicated donor coordinator at Egg Donors, leveraging her extensive background in medicine and public health. She holds an MBBS from Ziauddin University, Pakistan, and an MPH from Hofstra University, New York. With three years of clinical experience at prominent hospitals in Karachi, Pakistan, Dr. Baloch has honed her skills in patient care and medical research.
- Dr. Kulsoom Baloch
- Dr. Kulsoom Baloch
- Dr. Kulsoom Baloch
- Dr. Kulsoom Baloch
