Countries Where Surrogacy Is Allowed Around the World — A Clear, Friendly Guide for Intended Parents
Countries Where Surrogacy Is Allowed Around the World — A Clear, Friendly Guide for Intended Parents
Surrogacy laws are one of the most changeable areas of family and reproductive law. Rules differ wildly from country to country — sometimes even within a country (for example, by state or province). This guide gives a simple, up-to-date overview of countries where surrogacy is allowed, what the legal status usually looks like, common eligibility rules, and important things to check before you start. I’ve included country-by-country notes (including the USA, Canada, Mexico, Colombia, Argentina, Georgia, Kazakhstan, Ukraine, Greece, Czech Republic, UK, Australia, India and more) and reliable references for the major legal points below.
Quick note: laws change. Always confirm with a local legal expert and the latest government guidance before making decisions.
At a glance — how laws differ
- Fully legal & regulated: some countries (or individual states) have specific laws that permit and regulate surrogacy.
- Allowed but restricted: surrogacy may be legal only for certain people (married heterosexual couples, citizens/residents, or only altruistic arrangements).
- Altruistic only: payment beyond reasonable expenses is banned (common in many Commonwealth countries and Canada).
- No clear law / judicially permitted: some countries have no specific statute, but courts or constitutional rulings have allowed surrogacy under specific conditions.
- Prohibited: some countries ban all surrogacy or specifically commercial surrogacy.
Country-by-country breakdown (simple, practical notes)
United States — Varies by state
Surrogacy laws in USA is no single U.S. federal surrogacy law; each state has its own rules. Some states are very surrogate-friendly (clear legal pathways and pre-birth orders), others limit or even prohibit commercial arrangements. Intended parents must pick the state carefully and get local legal counsel.
Canada — Legal, but commercial surrogacy is banned
Gestational surrogacy is allowed, but the federal Assisted Human Reproduction Act bans paying a surrogate (beyond reimbursable expenses). Parentage procedures are handled provincially, so processes vary.
Mexico — Legal but patchy; recent Supreme Court ruling opened access
Surrogacy law historically varied by state. In 2021 the Mexican Supreme Court issued rulings supporting access and struck down certain restrictive state rules — opening the door for broader access, but implementation still differs by state. Expect local rules and paperwork differences.
Colombia — Allowed; court rulings shape practice
Colombia does not yet have a single, detailed surrogacy statute, but the Constitutional Court has recognized and permitted surrogacy under rules designed to protect children’s rights and parties’ interests. Clinics and courts work together to regularize cases.
Argentina — No uniform national law; courts fill the gap
Argentina surrogacy laws lacks a single national surrogacy statute. Courts have sometimes authorized surrogacy and set conditions; in practice, intended parents often rely on judicial approval and legal counsel. Recent high-profile court decisions have shown the legal landscape can shift quickly.
Georgia (country) — Permitted (popular destination)
Georgia allows surrogacy and has been a destination for international intended parents. Rules commonly require medical justification, and some recent political discussions have aimed at changing access for foreigners — so check current rules.
Kazakhstan — Legally permitted with regulations
Kazakhstan permits gestational surrogacy and has clear regulatory steps (often limited to married heterosexual couples in national law). The system is fairly structured and often used by foreign intended parents.
Ukraine — Historically permissive; check current status
Ukraine was a major international surrogacy destination (gestational surrogacy allowed; intended parents usually recognized quickly). Because of recent political instability and changing conditions, clinics and legal processes may be affected — verify up-to-date status before planning.
Greece — Legal with protections and judicial oversight
Greece has a detailed legal framework (medical and civil code provisions) permitting altruistic gestational surrogacy under strict rules and court approval. Surrogacy in Greece is considered well-regulated but usually restricted to certain categories of intended parents.
Czech Republic — Allowed in practice; legal details matter
The Czech Republic permits medically assisted reproduction and surrogacy is practised; parentage and documentation often require court steps or administrative procedures. As with many countries, residency and genetic-link rules may apply — check local law.
United Kingdom — Legal but commercial surrogacy banned
Surrogacy agreements are legal in the UK, but commercial payment is illegal; only reasonable expenses can be paid to a surrogate. Surrogacy agreements are not automatically enforceable — intended parents usually apply for a parental order after birth.
Australia — Allowed, state laws vary; commercial surrogacy banned
Australian states and territories permit altruistic surrogacy and prohibit commercial surrogacy, but rules vary by state (eligibility, approvals, and parentage processes differ). If you’re an international intended parent, check both the local and your home country’s rules for bringing the child home.
India — Major restrictions (Surrogacy Regulation Act)
India changed rules in recent years: commercial surrogacy has been banned and only altruistic gestational surrogacy for certain eligible Indian couples is allowed under the Surrogacy (Regulation) Act and related rules. Foreign nationals/overseas citizens are generally not eligible. This is a key change from the older “fertility tourism” era.
Common eligibility rules (what countries typically check)
While rules vary, many jurisdictions require some combination of:
- Medical evidence of infertility (or medical inability to carry).
- Age limits for intended parents and/or surrogates.
- Marital or relationship status (some countries limit to married couples; others permit singles or same-sex couples).
- Residency or citizenship (some countries require intended parents to be residents or citizens; others allow foreigners).
- Type of surrogacy — most countries prefer gestational surrogacy (surrogate not genetically related).
- Psychological and medical screening for the surrogate and legal counselling for all parties.
Always get the exact checklist from a local fertility clinic and a family lawyer in that jurisdiction.
Quick checklist for intended parents
- Identify the country/state you’re considering and obtain the current government guidance or a local lawyer’s confirmation.
- Confirm who can be intended parents (marital status, residency, sexual orientation).
- Confirm legal parentage route (pre-birth order, birth certificate process, parental order).
- Confirm whether commercial compensation is permitted.
- Check citizenship/exit requirements for the newborn.
- Choose a reputable clinic, lawyer, and agency; insist on independent legal advice for the surrogate.
Final summary — friendly takeaway
Surrogacy is allowed in many places, but the rules are wildly different — even within countries. Some nations welcome international intended parents and have clear, protective laws; others limit access to residents or permit only unpaid (altruistic) surrogacy. Your top action is simple: confirm the latest local law + get local legal counsel before you commit. That single step prevents most of the heartbreak and delays that cause families to wait months or years.