Surrogacy Laws By Country: The Important Details

When growing their families, many couples turn to surrogacy. Surrogacy is where a mother carries a child to term on behalf of a couple who may not be able to conceive on their own. Unfortunately, surrogacy laws vary from country to country. So, the process can be confusing for couples considering working with a surrogate mother. Here are some different surrogacy laws by country and all the details you need to know to pick the right destination for your international surrogacy journey. 

The Top Legal Surrogacy Countries

There are many legal surrogacy countries. In these countries, surrogacy arrangements are protected and supported by domestic law. The top countries with the most favorable surrogacy laws include:  

  • Georgia: Both altruistic and commercial surrogacy are legal and regulated in Georgia. Further, the intended parents are recognized as the legal parents from the moment the child is born. Their names go on the birth certificate without the need for adoption procedures.
  • Mexico: Surrogacy laws in Mexico vary by state. In states like Tabasco and Sinaloa, surrogacy is legal and regulated, with both altruistic and commercial surrogacy allowed.
  • Colombia: Colombia’s supportive legal framework mostly treats surrogacy agreements as private contracts. Both altruistic and commercial surrogacy arrangements are possible. 

The United States also has areas supportive of surrogacy laws, such as California. Still, with some of the highest legal and medical costs in the world, international surrogacy is often more affordable. Greece also has favorable surrogacy laws, but all surrogacy agreements require court approval, which can be a very complex and lengthy process. Finally, Ukraine has favorable laws for surrogacy. However, the ongoing conflict with Russia is not an ideal time. In these countries, even though laws are favorable, they can be convoluted. Couples will have the best chance in countries like Mexico, Colombia, and Georgia, where surrogacy laws are clear and the culture is supportive. 

The Top Countries With Strict Surrogacy Laws

There are also countries with strict surrogacy laws. Couples living in these countries often turn to international surrogacy when looking to grow their families. Here are the top countries where surrogacy is highly regulated or illegal:

  • Germany: Under the Embryo Protection Act, any arrangement involving surrogacy is illegal.
  • France: Both commercial and altruistic surrogacy are prohibited by law, and strict regulations apply to any form of surrogacy.
  • Italy: Surrogacy is illegal, and those involved can face criminal penalties.
  • Spain: The law does not recognize surrogacy agreements, and the law considers the surrogate mother the legal mother regardless of any agreements.
  • Sweden: Surrogacy is banned, and there are no legal provisions for surrogacy arrangements.
  • Norway: Both commercial and altruistic surrogacy are prohibited, with strict legal repercussions for those involved.
  • Portugal: Surrogacy is illegal except for very specific and rare medical exemptions, and even then, it is tightly regulated.
  • Switzerland: Surrogacy is banned, with strict prohibitions on any surrogacy arrangements.
  • Austria: Surrogacy is illegal, with no legal framework supporting any surrogacy agreements.
  • Denmark: While not wholly banned, surrogacy is heavily restricted, and commercial surrogacy is illegal.

Couples in these countries who are interested in surrogacy should reach out to an international surrogacy agency. An international surrogacy agency can help coordinate your surrogacy in one of the top legal surrogacy countries.

Work With An International Surrogacy Agency

Working with an international surrogacy agency can significantly simplify the complex process of surrogacy, especially when it comes to helping you understand all the surrogacy laws by country. International surrogacy agencies offer comprehensive support that extends beyond just legal guidance. They facilitate seamless collaboration with reputable clinics and medical professionals in legal surrogacy countries, ensuring the surrogate mother has access to the highest quality of care.

Additionally, international surrogacy agencies provide invaluable assistance with immigration and citizenship processes, which can be particularly daunting. They help you overcome the bureaucratic hurdles to establish your newborn’s citizenship and your legal parentage without complications. By working with an international surrogacy agency, intended parents can focus on the emotional aspects of their journey, confident the agency is handling all the logistical, medical, and legal challenges. 

International surrogacy agencies are a bridge, connecting intended parents with the resources and support needed for a smooth and successful surrogacy experience in countries where it is legally permitted. At SurMom, we have offices in Georgia, Mexico, and Colombia. With offices in Georgia, Colombia, and Mexico, we understand local clinics and laws and keep up with all legal changes to ensure a smooth process. Our expertise guarantees that every step, from medical procedures to legal documentation, is handled with care and precision. Let us guide you through your surrogacy journey with confidence and ease.