In recent years, we have seen an uptick in surrogacy as a viable option when you want to start a family. However, the legality of surrogacy varies significantly from one country to another, leading many intended parents to explore options available to them globally.
Surrogacy laws in Europe can often be looked at as a patchwork of regulations. Some countries embrace it, while others choose to impose strict restrictions and even outright bans on the process. Understanding this legal framework is important for intended parents considering this option.
So, because Europe has a diverse legal landscape, it presents both opportunities and challenges for those considering a surrogacy journey. Let’s dive deeper into the question of where is surrogacy legal in Europe?
Ukraine
Among European countries, Ukraine stands out as one of the more popular destinations for surrogacy. With clear and favorable laws, Ukraine really has become a hub for international surrogacy. The country allows both altruistic and commercial surrogacy arrangements and provides a regulated and supportive environment for intended parents.
Many international surrogacy agency options operate in Ukraine and offer comprehensive services to facilitate the process for intended parents from around the world.
Russia
Russia has also proven to be a notable destination for surrogacy. While the legal landscape can be complex and often subject to change at any time, surrogacy is generally permitted under certain conditions. Gestational and commercial surrogacy are legal in Russia.
However, new legislation signed by President Putin in 2023 bans foreigners and single Russian males from surrogacy. Additionally, IVE treatments can now only be done with someone’s own eggs. This effectively bans the use of donor eggs in order to create an embryo.
This recent legislation has imposed stricter regulations, making the process more challenging for intended parents. Despite this, Russia still remains an option for those willing to navigate all of these legal intricacies and really dive into the regulations that govern international surrogacy in Russia.
Georgia
Georgia is another emerging destination for surrogacy in Europe. With relatively lenient regulations and well-established infrastructure, Georgia has attracted intended parents from a range of other countries. The country allows commercial surrogacy and provides a relatively straightforward legal process for establishing parentage. It offers a viable alternative for individuals and couples seeking surrogacy options in Europe.
Greece
Another destination that has been noted as surrogacy-friendly in recent years is Greece. While altruistic surrogacy is permitted, commercial surrogacy is prohibited. However, Greece offers a supportive legal framework for intended parents that includes clear guidelines for the surrogacy process. International surrogacy agencies often work closely with Greek clinics to assist intended parents along their surrogacy journeys.
United Kingdom
Surrogacy in the United Kingdom is regulated by the Surrogacy Arrangements Act of 1985. While altruistic surrogacy is legal, commercial surrogacy is prohibited. The UK’s legal framework prioritizes the welfare of the child while also emphasizing the importance of informed consent from everyone involved. However, navigating the legal requirements can be complex, and many intended parents opt for surrogacy abroad due to the restrictive regulations.
Surrogacy arrangements in this country are not legally binding, which means that the surrogate mother may change her mind and determine that she wants to keep the baby, even if the child isn’t biologically hers. Additionally, the courts cannot make a Parental Order to transfer the legal parentage to the intended parents without first receiving the surrogate mother’s consent.
The Netherlands
Surrogacy in the Netherlands is prohibited, except in cases where the surrogate mother carries the child for altruistic reasons and doesn’t receive any financial compensation beyond reimbursement for reasonable expenses. The Dutch legal system prioritizes the protection of the surrogate mother and the child’s best interests, which can make it challenging for intended parents to pursue surrogacy within the country.
Czech Republic
Surrogacy in the Czech Republic is not explicitly regulated by law This leads to legal ambiguity surrounding the entire process. While some clinics offer surrogacy services, the lack of clear legal guidelines can pose challenges for intended parents. As a result, the Czech Republic is not a prominent destination for surrogacy within Europe.
Final Thoughts
Overall, altruistic surrogacy is legal in the United Kingdom, Denmark, Ireland, the Netherlands, and Belgium, while commercial surrogacy is illegal in these countries. All of these countries also have a legal framework for transferring parental rights from the surrogate mother to the intended parents. However, this transfer needs to be approved by the courts, and there are often restrictions that must be met beforehand.
The legality of surrogacy in Europe can vary significantly from one country to the next. While some countries like Georgia and Ukraine offer favorable legal frameworks for surrogacy, others like Spain and the Netherlands choose to impose strict regulations or even prohibitions.
Intended parents considering surrogacy in Europe should carefully research the legal landscape of each country on their list and seek guidance from a reputable international surrogacy agency to help navigate the process more effectively.
Ultimately, a good understanding of the legal framework is absolutely essential for making more informed decisions and ensuring a smooth surrogacy journey overall.