Surrogacy Laws by Country: Where Is Surrogacy Legal in 2025? — A Global Guide

By Dr. Naman Arya, MD, MPH, MSHCM

Reproductive Endocrinology and Infertility Division at Surrogacy4All.

Introduction

As a medical doctor and surrogacy advocate, one of the first things I emphasize to intended parents and surrogates is that surrogacy is not universally legal. In fact, laws surrounding surrogacy are incredibly diverse, constantly evolving, and highly dependent on each country’s legal, cultural, and ethical framework.

In this comprehensive guide, I’ll Walk you through the current state of surrogacy laws across the globe in 2025, explaining where surrogacy is legal, restricted, or prohibited. This guide is based on data compiled from legal bodies, surrogacy agencies, and global human rights organizations.

1. Understanding Types of Surrogacy Law

Before we dive into country-specific details, it’s important to understand that surrogacy laws vary by:

• Type of surrogacy (gestational vs. traditional)
• Compensation model (altruistic vs. commercial)
• Eligibility (marital status, sexual orientation, nationality)

Some countries allow only altruistic surrogacy, while others permit commercial surrogacy with full legal contracts and compensation.

2. Countries Where Surrogacy Is Legal and Regulated in 2025

United States

• Legal Status: Varies by state. Commercial gestational surrogacy is legal in many states, including California, Nevada, Illinois, and New York.
• Eligibility: Available to heterosexual and same-sex couples, single parents
• Legal Protections: Strong, with pre-birth and post-birth orders depending on jurisdiction

Canada

• Legal Status: Altruistic surrogacy is legal
• Compensation: No payment beyond reimbursable expenses
• Regulated By: Assisted Human Reproduction Act (AHRA)

United Kingdom

• Legal Status: Altruistic surrogacy permitted
• Commercial Surrogacy: Illegal
• Parental Rights: Transferred through parental orders after birth

Ukraine (as of early 2025)

• Legal Status: Commercial surrogacy legal for heterosexual, married couples
• Restrictions: Not available to singles or same-sex couples
• Note: Political instability has raised questions about continuity of programs

Georgia (Country)

• Legal Status: Commercial surrogacy allowed for heterosexual married couples
• Popular For: Cost-effective and streamlined legal processes
• Updates: Still legal in 2025, but proposed reforms are under review

Colombia

• Legal Status: Surrogacy permitted and practiced in absence of specific legislation
• Legal Gray Zone: Reliant on court precedents and local judicial decisions

3. Countries Where Surrogacy Is Altruistic Only

Australia

• Status: Altruistic surrogacy legal in most states
• Restrictions: Commercial surrogacy is a criminal offense

New Zealand

• Status: Altruistic surrogacy legal with Ethics Committee approval
• Eligibility: Must go through formal review and legal counseling

South Africa

• Status: Altruistic surrogacy legal under strict legal frameworks
• Eligibility: Court-approved agreements required prior to embryo transfer

4. Countries Where Surrogacy Is Banned or Severely Restricted

France, Germany, Italy, and Spain

• Status: All forms of surrogacy are banned
• Legal Risks: Contracts are considered void and unenforceable

China

• Status: Commercial surrogacy is illegal; underground surrogacy exists but is unregulated and risky

India (as of 2025)

• Status: Altruistic surrogacy permitted only for Indian heterosexual couples; foreigners banned from participating
• Regulated By: Surrogacy (Regulation) Act, 2021

Nepal, Thailand, Cambodia

• Status: Commercial surrogacy banned for foreigners due to past exploitation concerns

5. Emerging Trends in 2025

• Mexico: Surrogacy laws vary by state; Tabasco and Sinaloa permit regulated surrogacy for foreigners
• Argentina: Considering nationwide regulation to formalize currently informal arrangements
• Portugal: Altruistic surrogacy permitted under strict medical need criteria

Doctor’s Insight: The global map of surrogacy legality is always shifting. Partnering with a reliable agency and legal team is crucial before starting the process.

6. Key Considerations When Choosing a Country for Surrogacy

Legal Certainty: Choose jurisdictions with well-defined laws protecting both the intended parents and the surrogate.

Parental Rights: Understand how and when you’ll be legally recognized as the child’s parents

Embassy and Passport Logistics: Some countries require court orders or DNA tests before issuing travel documents

Medical Standards: Verify that fertility clinics follow international best practices and accreditation

Real Testimonial — Ravi & Meera, USA: “We considered several countries, but ultimately chose the U.S. because of the strong legal protections and clarity around parentage. Our surrogate was treated wonderfully, and we were supported every step of the way.”

7. Final Thoughts: Choose with Care and Guidance

Surrogacy is a beautiful and life-changing path to parenthood, but it’s essential to navigate it with informed care. All countries’ laws are different, and what’s legal in one place may carry legal risk in another.

As a physician, I urge every intended parent and surrogate to consult with both a medical and legal team before proceeding. With the right guidance, international surrogacy can be an ethical, transparent, and joyful experience.