Surrogacy is a complex yet ever-evolving topic across Europe. Laws vary dramatically from country to country. While some nations embrace the practice of surrogacy, others strictly regulate or prohibit it altogether. Let’s take a closer look at where surrogacy is legal in Europe and the specific regulations surrounding it.
Countries Where Surrogacy Is Legal
Is surrogacy legal in Europe? In these nations, surrogacy is legal, with clear laws and frameworks that support intended parents, surrogates, and the process of parental recognition.
Ukraine
Ukraine is one of the most popular destinations for international surrogacy and is known for the very liberal approach it takes. Surrogacy has been legal since 2002, and the country has clear laws that favor intended parents. Only heterosexual, married couples are eligible, and the intended parents are legally recognized as the child’s parents from birth.
Georgia
Surrogacy in Georgia has been legal since 1997, and like Ukraine, the laws are highly favorable to intended parents. Only heterosexual couples, married or in civil partnerships, can participate. The intended parents are listed on the birth certificate without requiring a court process.
Russia
Russia permits both commercial and altruistic surrogacy. The law applies to heterosexual couples, and in some cases, single women can also become intended parents. The birth mother must relinquish her rights for the intended parents to be recognized legally.
However, it must be noted that Russia recently adopted a law that excludes it from surrogacy-friendly jurisdictions. They have abolished access to commercial surrogacy for foreigners. The only exception is when the surrogate arrangement involves a couple where one partner is a Russian citizen. This legislation was prompted by concerns about child trafficking and the safety of children born to foreign parents through surrogacy.
Countries Where Altruistic Surrogacy Is Legal
In many European countries, altruistic surrogacy—where the surrogate receives no compensation beyond medical expenses—is legal. However, there are strict regulations that govern these arrangements.
The United Kingdom
The UK allows only altruistic surrogacy. The surrogate remains the legal mother at birth, and a Parental Order must be issued to transfer parenthood. Only medical expenses can be reimbursed, and commercial arrangements are strictly prohibited.
Greece
In Greece, altruistic surrogacy is permitted for heterosexual couples and single women, provided that a court order is obtained prior to the embryo transfer. The surrogate cannot be financially compensated beyond covering medical expenses.
Portugal
Portugal legalized altruistic surrogacy in 2016 for infertile heterosexual couples. The process requires court approval, and the surrogate cannot receive payment beyond reimbursement for medical costs.
The Netherlands
The Netherlands allows altruistic surrogacy with heavy restrictions. Intended parents must go through a lengthy legal process, and advertising surrogacy services is prohibited. Surrogates can only be compensated for medical and other related costs.
Countries With Restricted or Prohibited Surrogacy
In some European countries, surrogacy is highly restricted or outright banned. Intended parents will need to seek alternatives abroad or through private arrangements.
France
Surrogacy is strictly prohibited in France, both for commercial and altruistic arrangements. Any surrogacy agreements made abroad are not legally recognized.
Germany
Germany forbids all forms of surrogacy. This decision was based on concerns for the dignity and rights of the child and the surrogate. Contracts made in other countries are unenforceable under German law.
Italy
Italy takes a very firm stance against surrogacy, and any involvement in surrogacy, even abroad, can result in legal penalties. The country does not recognize children born via surrogacy in foreign nations.
Spain
Surrogacy is illegal in Spain, and the law there doesn’t recognize surrogacy contracts. Legal complications in Spain may arise when a child is born via surrogacy abroad.
Countries With Unregulated or Unclear Surrogacy Laws
Some countries have no specific laws regarding surrogacy, and this leads to a legal gray area. Intended parents may proceed with caution in these regions, as the legal recognition of surrogacy varies wildly.
Belgium
There are no explicit laws on surrogacy in Belgium. However, the courts decide to handle each case individually. Surrogacy is technically allowed, but the legal processes surrounding parental recognition are complex and vary by case.
Czech Republic
The Czech Republic does not have specific surrogacy legislation. Although surrogacy happens informally, it is not regulated, and intended parents may face challenges with legal parenthood.
Cyprus
Surrogacy is not explicitly regulated in Cyprus, but the absence of legislation means it can occur informally. Both intended parents and surrogates should be cautious of the potential legal implications.
Conclusion
Surrogacy in Europe and its laws are fragmented. For intended parents, choosing a destination depends on the legalities but also on the legal framework of the country you are considering. Countries like Ukraine and Georgia offer well-established paths, while others impose strict or prohibitive regulations.
As the legal landscape continues to evolve, as we can see with Russia, intended parents and surrogates should consult legal experts to help them travel the often bumpy road of international surrogacy arrangements.