Navigating Global Surrogacy Laws in 2025: A Comprehensive Guide for Intended Parents
Surrogacy has become an increasingly viable option for individuals and couples facing fertility challenges. However, the legal landscape surrounding surrogacy varies significantly across countries and is continually evolving. In 2025, several nations introduced new laws and regulations that impact both domestic and international surrogacy arrangements. This comprehensive guide explores these changes and provides insights for intended parents navigating the complex world of global surrogacy.
Global Surrogacy Laws in 2025
Italy’s Expanded Surrogacy Ban
In a significant move, Italy has extended its surrogacy ban to include citizens who seek surrogacy services abroad. This law, passed in October 2024, imposes penalties of up to two years in jail and fines up to 1 million euros for violators. The legislation aims to uphold traditional family values and has been criticised for disproportionately affecting same-sex couples, who already face barriers to adoption and parental rights in Italy.
Greece’s Restrictions on Surrogacy
Greece has announced plans to ban surrogacy for single men and male same-sex couples. Justice Minister Giorgos Floridis stated that the decision aims to clarify legal understandings of incapacity to bear a child, emphasising that this incapacity is not related to one’s gender. This move comes despite Greece’s recent legalisation of same-sex marriage, highlighting the ongoing debate over surrogacy rights in the country.
Ireland’s Legalisation of Commercial Surrogacy
In contrast, Ireland has passed the Health (Assisted Human Reproduction) Act 2024, legalising commercial surrogacy and becoming the first EU country to do so. While this development has been welcomed by some, it has also raised concerns about potential exploitation and human trafficking. The Irish Human Rights and Equality Commission has criticised the law, arguing that it may lead to the trafficking of women for surrogacy and violate EU obligations to prevent such exploitation.
India’s Surrogacy Regulations
India, once a global hub for commercial surrogacy, has implemented strict regulations under the Surrogacy (Regulation) Act, 2021. The law permits only altruistic surrogacy for Indian married couples who have been married for at least five years and meet specific age criteria. Single men are not eligible, and foreign intended parents are prohibited from seeking surrogacy services in India.
Canada’s Altruistic Surrogacy Model
Canada allows only altruistic surrogacy, where surrogates can be reimbursed for reasonable expenses but cannot receive payment beyond that. This model aims to prevent the exploitation of women while still providing a legal framework for surrogacy arrangements. Intended parents must navigate provincial laws, as regulations can vary across provinces. Source
United Kingdom’s Surrogacy Framework
The UK permits altruistic surrogacy, with surrogates allowed to receive reasonable expenses. However, the surrogate is considered the legal mother at birth, and intended parents must apply for a parental order to become the legal parents. This process can be complex and time-consuming, requiring careful legal planning. Source
United States: A Patchwork of Laws
In the United States, surrogacy laws vary by state. Some states, like California, have favourable laws that support both altruistic and compensated surrogacy. Others have restrictive or unclear regulations. Intended parents must carefully research state laws and work with experienced professionals to ensure legal compliance. Source
Navigating Cross-Border Surrogacy
With varying laws across countries, cross-border surrogacy presents numerous legal challenges. Intended parents must navigate issues such as citizenship, parental rights, and the enforceability of surrogacy agreements. Working with experienced surrogacy lawyers and agencies can help mitigate these risks and ensure compliance with all relevant laws.
Conclusion
As surrogacy laws continue to evolve globally, intended parents must stay informed and seek professional guidance to navigate the complex legal landscape. Understanding the regulations in both the surrogate’s country and their own is crucial to ensuring a smooth and legally sound surrogacy journey.