International Surrogacy Laws

Surrogacy is subject to the laws and regulations in place across various countries around the world. So, if you are planning to pursue surrogacy in a certain country, you must be aware of the surrogacy laws of the particular country in advance to avoid any kind of legal hassle during your surrogacy journey.

Here, we bring you a brief overview of surrogacy laws across some of the most sought-after surrogacy destinations across the globe. You must thoroughly examine international surrogacy regulations if you’re thinking about carrying out an overseas surrogacy to ensure that the procedure will be totally legal and ethical.

Surrogacy in Bangkok

Any surrogate must also be a sibling of one of the parents. She needs to be married, have her own child, and obtain her husband’s approval for the surrogacy procedure.

On the other hand, any selling of ovum, sperm, or embryos is prohibited in Thailand as well in an effort to combat the commercial use of assisted reproductive technology. As you can see, it is extremely challenging for any Thai citizen to accomplish a Thailand surrogacy, in addition to being impossible for intended parents from other countries.

Surrogacy in Kenya

Since surrogacy is effectively prohibited in Southern and Southeast Asia, various agencies are providing affordable surrogacy choices in Kenya and other places. Couples are being drawn to the area by the promise of a very affordable surrogacy program.

The best part here is that surrogacy in Kenya is permissible regardless of the sexual orientation of the person. Given these reasons, the country has attracted thousands of surrogacy-seeking individuals over the past few years.

Surrogacy in Georgia

Prior to the notary public’s presence, the intended parents and surrogates must both properly sign the contract. The extent of any kind of issue or obstacle is therefore minimal.

Surrogacy in India

If a couple has been married for five years, the wife is between the ages of 25 and 50, and the husband is between the ages of 26 and 55, they are considered to be “eligible.”

There cannot be any surviving children for the marriage (biological, adopted or surrogate.) Children with physical or mental disabilities, as well as those with illnesses or disorders that pose a serious risk to their lives, are excused from the aforementioned requirement.

If one or both partners have proven infertility, the pair may be eligible for an “essential” certificate from the District Medical Board as well as a Magistrate court judgment establishing paternity and custody of the surrogate child. They must also have insurance that will cover any difficulties that may arise after childbirth for the surrogate mother for a period of 16 months.

A surrogate mother must be a close relative of the intended parents, a married mother of one, aged 25 to 35, who has only ever served as a surrogate once. A certificate of her physical and mental health for surrogacy is also required.

Surrogacy in Argentina

By “medically assisted reproductive procedures and techniques,” the standard refers to “the procedures and techniques performed with medical assistance for the achievement of pregnancy,” in which “low and high complexity techniques, whether or not they include the donation of gametes and/or embryos,” as well as procedures and techniques developed in the future, are authorized by the enforcing body (art. 2).

Additionally, it states that only “approved health establishments that meet the conditions specified by the authorities” are permitted to perform treatments.

In order to ensure compliance, the law establishes the Ministry of Health of the Nation as the application authority (art. 3), creating in its scope “a single registry in which all health establishments authorized to carry out procedures must be registered techniques of medically assisted reproduction,” including among them “medical establishments where gamete and/or embryo-receiving banks operate.”

All adults who have given their informed consent, which may be retracted up until the embryo is implanted in a woman, have the right to access the processes and methods of medically assisted reproduction.

The methodology, diagnosis, drugs, supporting therapies, procedures, and techniques that the World Health Organization classifies as medically assisted reproduction must be included as mandatory benefits and made available to members or beneficiaries of passive subjects covered by this regulation.

Ovulation induction, controlled ovarian stimulation, ovulation unleashing, assisted reproductive techniques (ART), and intrauterine, intracervical, or intravaginal insemination with a spouse, partner, or donor gametes, in accordance with the standards established by the application authority, are some of these.

Additionally included in this coverage are the services of gametes or reproductive tissues for those who choose not to proceed with a pregnancy right away due to health challenges, medical conditions, or surgical procedures that could affect their capacity to have children in the future.

Since the enactment of the aforementioned Law of Assisted Reproduction, surrogacy is a social reality in Argentina and has been practiced. The government is moving toward legalizing surrogate altruistic parenthood, leaving commercial surrogacy open as well.

It is currently not only permitted but also unprotected, though it is practiced. Since Argentina was the first nation in Latin America to officially acknowledge the home parental family, it also permits gay couples to have children. Therefore, same-sex couples are capable of co-parenting.

Although there is no rule in this regard, a gay couple may become parents through a surrogate pregnancy. In order to achieve this, the surrogate mother must essentially relinquish her parental rights following the birth of the child and acknowledge the paternity of one of the surrogates, whose spouse will then be able to adopt the child.

Same-sex couples can now adopt together in Argentina thanks to the legalization of homosexual marriage in July 2010. Additionally, single persons can adopt. The same rights apply to married homosexual couples as they do to heterosexual couples. When circumstances allow, they may adopt their spouse’s child.

The surrogacy bill, which would legalize the practice under specific restrictions, was introduced to the Chamber of Deputies in August 2011. At the time, it is neither prohibited by law nor punished.

Argentina needs a surrogacy law that safeguards all parties involved, including the surrogate woman, the intended parents, and the child, in addition to the assisted reproduction practice, which is already covered by the law. Although surrogacy is legal in Argentina today, the “evidence of birth” standard still governs who is considered to be the mother.

Surrogacy laws in other Countries

Surrogacy in Australia

• In the majority of jurisdictions, surrogacy must be justified medically (although NSW, TAS, QLD, and VIC allow surrogacy for social reasons, such as for same-sex couples). It should be noted that WA expressly disallows “age” as a valid medical justification and that there are no social or medical requirements for surrogacy in the ACT.
• Surrogates in VIC, TAS, and ACT cannot serve as surrogates unless they have already given birth to their own children.
• Except for Western Australia, all States and Territories allow same-sex couples to use surrogacy.
• In all states and territories, with the exception of the ACT, single women are eligible to become surrogates; however, this is not the case for single men.
• All States and Territories, with the exception of VIC and the ACT, require that a written agreement outlining the surrogacy agreement be in existence.
• In Australia, traditional surrogacy is legal everywhere but in the ACT.
• In the ACT, QLD, and VIC, you are not permitted to advertise, whether you are looking for a surrogate or want to be one. Online publication is included in this.

Because they vary from one jurisdiction to another, the regulations governing surrogacy can be highly perplexing. It is advised that parties thinking about a surrogacy arrangement seek legal counsel from our legal professionals at Become Parents.

Surrogacy in Cambodia

The Ministries of Health and Justice in Cambodia have banned surrogacy as of November 2016. Surrogacy is now prohibited in that nation due to legislative changes, and local government measures have made it apparent that the ban will be taken seriously.

Surrogacy in Canada

Surrogacy in Canada is permissible. However, it is unlawful to compensate a surrogate mother for her services; the Assisted Human Reproduction Act forbids the provision or acceptance of payment to a woman for serving as a surrogate.

Surrogacy in China

The People’s Republic of China’s Regulation of Human Assisted Reproductive Technology law forbids surrogacy. Medical personnel is not allowed to execute surrogacy treatments, according to “departmental guidelines” set by the Ministry of Health. Violators are subject to fines (but not criminal liabilities).

Surrogacy in Colombia

Article 42-6 of the Colombian National Constitution makes clear that surrogacy arrangements are not prohibited in Colombia. “Children born in or out of wedlock, adopted, and reproduced naturally or with the aid of science, have equal rights and duties,” the statement reads.

Surrogacy in Dubai

Surrogacy agreements are illegal in the United Arab Emirates in accordance with the country’s family laws. In fact, a surrogacy arrangement in Dubai, UAE may be considered a crime, and anyone found guilty will face penalties under Federal Law No. 3 of 1987, which is outlined in Article 356 of the UAE Penal Code.

Surrogacy in Ireland

Because there is currently no surrogacy legislation in Ireland, parentage questions are more difficult to resolve. Legal counsel and assistance are needed. Popular nations like Ukraine, Cyprus, and Greece are growing in popularity, but you need to talk to our experts at Become parents in order to make an informed selection in the same regard.

Surrogacy in UK

Even if you have a documented agreement with your surrogate and have covered their costs, surrogacy agreements are not enforceable under UK law, despite the fact that surrogacy in UK is lawful. In the UK, you are not allowed to pay a surrogate except for reasonable expenses.

Surrogacy in Ukraine

Only married heterosexual couples are permitted to use surrogates in Ukraine under the current legal system. Additionally, it authorizes surrogacy for foreign intended parents, which makes it a popular international surrogacy location, and it recognizes married different-sex parents as the legal parents of a child born through surrogacy.

Surrogacy in the USA

Since there are no federal surrogacy laws in the United States, your course of action will be determined by the procedures that are legal in the state you are pursuing surrogacy in. Moreover, you should be familiar with a number of distinct aspects of surrogacy regulations before making the first move.

How we can help?

Regardless of what country or city you choose for your surrogacy aspirations, we at Become parents will help and assist you with the required legal guidance. Our legal professionals are backed by years of experience and expertise in the ART domain.

So, you need not worry when choosing Surrogacy in Kenya or Surrogacy in Georgia as your next surrogacy destination. Connect with one of our coordinators for more information!