Couples or individuals looking to grow their family look to surrogacy as a viable option. However, the legal status of surrogacy varies wildly around the globe. This guide provides you with an overview of countries where surrogacy is legal and highlights the different regulations and conditions you may come across in each jurisdiction.
The United States
In the United States, the laws on surrogacy vary from state to state. Some states, like California, are very supportive of surrogacy agreements and have well-established frameworks to protect the rights of everyone involved. However, states like Michigan and New York have what many consider to be much more restrictive laws and only allow compensated surrogacy.
Intended parents and surrogates in the US benefit from a comprehensive legal system that addresses many aspects of the surrogacy process, from contracts to the recognition of parental rights.
Canada
In Canada, altruistic surrogacy is legal. This means that surrogates cannot receive payment beyond the reimbursement for expenses directly related to the surrogacy process overall. The Assisted Human Reproduction Act governs surrogacy in Canada and aims to ensure that the surrogate’s health and well-being are protected. While commercial surrogacy is illegal, intended parents can work with surrogacy agencies and lawyers to navigate the process legally.
United Kingdom
The United Kingdom also allows altruistic surrogacy but only under specific conditions. Surrogates can only receive reasonable expenses, and commercial surrogacy arrangements are not allowed.
The law requires that the intended parents apply for a parental order after the child’s birth. This order will transfer legal parenthood from the surrogate to themselves. The process of surrogacy in the United Kingdom often also involves legal, social, and psychological assessments to ensure the welfare of the child and the parties involved.
Ukraine
Ukraine is one of the most surrogacy-friendly countries in Europe because it allows both altruistic and commercial surrogacy arrangements. The country has established laws that provide clear guidelines and protections for both intended parents and surrogates.
Ukraine’s legal framework ensures that intended parents are recognized as the child’s legal parents from birth. This goes a long way to minimize legal hurdles that may get in the way. The country attracts many international couples due to its favorable legal environment and relatively lower costs compared to Western countries like the United States.
Georgia
Very similar to Ukraine, Georgia allows both altruistic and commercial surrogacy. The Georgian legal system is very supportive of surrogacy agreements and ensures that the intended parents are recognized as the legal parents at the child’s birth. Because of its straightforward legal procedures and affordable surrogacy programs, Georgia has become a very popular surrogacy destination.
Russia
In Russia, both altruistic and commercial surrogacy were legal. However, they recently adopted a law that excluded the country from surrogacy-friendly jurisdictions. On December 19th, President Putin signed a new legislation banning foreigners and single Russian males from using surrogacy. IVF treatments can also only be done with someone else’s eggs, which effectively banned the use of donor eggs in order to create an embryo. The ongoing war in Ukraine is also cited as causing a period of instability in the country when it comes to surrogacy arrangements.
Greece
Where is surrogacy legal in Europe? Greece is one of the few European countries where both altruistic and commercial surrogacy are legal. Greek law requires that the intended parents be legally married or living together and that the surrogate has no genetic connection to the child. Intended parents must obtain a court order approving the surrogacy arrangement before the process begins. This legal requirement provides additional security and clarity for everyone involved.
India
India’s surrogacy laws have evolved a lot over the years. Currently, only altruistic surrogacy is legal, and it is restricted to Indian citizens only. The Surrogacy (Regulation) Bill of 2019 imposes tight conditions on surrogacy arrangements.
These measures are in place to help prevent exploitation and ensure the surrogate’s welfare. Foreign-intended parents are no longer allowed to pursue surrogacy in India, and this has led to a decrease in the country’s popularity as an international surrogacy destination.
Thailand
Thailand has also seen some changes in its surrogacy laws. While commercial surrogacy used to be a popular option in the country, it is now prohibited. Only altruistic surrogacy is permitted and is restricted to just Thai nationals.
The new laws are meant to protect the rights and welfare of everyone involved, especially the surrogates and the children. As a result, Thailand is no longer a viable option for international intended parents seeking commercial surrogacy services.
Colombia
Colombia permits both altruistic and commercial surrogacy, and it has become an increasingly popular destination for international intended parents due to its favorable legal framework and relatively lower costs compared to other countries. Intended parents can be recognized as the legal parents of the child from birth, provided there is a surrogacy agreement in place.
Mexico
Surrogacy is legal in Mexico, but the legal framework and regulations can vary significantly depending on the state. They do not have a federal law governing surrogacy so the legality and conditions vary.
Tabasco and Sinaloa, for example, are known for having more permissive surrogacy laws in place, while in other parts, there are a lot of legal uncertainties for intended parents. Tabasco now restricts surrogacy to Mexican citizens and residents, which impacts international intended parents.
Conclusion
The legal landscape involving surrogacy around the world varies drastically. Some countries offer clear and supportive frameworks, while others impose strict regulations or even outright bans on the process. Intended parents considering surrogacy need to thoroughly research and understand the laws of their chosen country to ensure a smooth and legally sound process.
Consulting with legal experts and surrogacy professionals can provide invaluable guidance and support in navigating the complexities of international surrogacy arrangements.