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What is surrogacy? -

Surrogacy is a legal arrangement where a woman, called a surrogate, agrees to carry and give birth to a child for another person or couple. It can be either gestational (no genetic link) or traditional (genetic link to the surrogate).

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Commercial surrogacy -

When a surrogate mother is compensated (beyond medical expenses) for carrying and delivering a child, this is known as commercial surrogacy. There are quite a few companies worldwide that offer surrogacy as a service for a fee.

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Altruistic surrogacy -

Altruistic surrogacy is when a surrogate mother agrees to carry a child without financial compensation, except for medical and related expenses. This course of child-bearing is often pursued for ethical reasons and typically involves close friends or family.

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Legal framework -

While there are many countries that have legalized both commercial and altruistic surrogacy, many other nations have outlawed either commercial practices or banned both forms altogether. Click through the rest of the gallery to see which countries have a total ban on surrogacy.

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Austria -

In Austria, surrogacy is prohibited under the Reproductive Medicine Act. Both commercial and altruistic surrogacy are illegal, and surrogacy contracts are not recognized by law. Assisted reproduction is permitted for heterosexual couples, but third-party reproduction through surrogacy is not allowed.

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Brazil -

In South America, Brazil has a rather unique set of laws as opposed to the other countries on this list. Altruistic surrogacy is legal in Brazil, but only between relatives up to the second degree of consanguinity. In other words, the relatives can only be separated by a maximum of two generations.

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Canada -

Of the 13 provinces and territories located in Canada, 12 have placed a ban on commercial surrogacy as per the Assisted Human Reproduction Act (AHRC). However, citizens are allowed to receive commercial payment for surrogacy as long as the transaction occurs outside of Canada.

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Canada -

The Canadian province of Quebec is the only place in Canada to have a full ban in place against all forms of surrogacy.

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People's Republic of China -

In China and its divisions and provinces, surrogacy is strictly prohibited by law. Medical professionals are banned from performing the procedure and could be fined heavily for violations. Despite this, surrogacy remains common in the underground commercial market.

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Estonia -

Under Estonian law, surrogacy arrangements and giving birth as a surrogate mother are strictly forbidden. Artificial insemination is only permitted by using the genetic material from a married couple or from a donor bank.

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Finland -

The Nordic country of Finland has also made surrogacy illegal in all forms. While commercial surrogacy has been banned for a long time, altruistic surrogacy was made illegal in 2007.

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France -

France, along with its many overseas territories, has placed a complete sanction on commercial and altruistic surrogacy. The French Court of Cassation ruled that if a couple arranges for a woman to bear the husband's child and relinquish it at birth, the couple is prohibited from adopting the child.

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Germany -

While all types of surrogacy arrangements (both commercial and altruistic) are illegal, the German Free Democratic Party has been advocating to allow altruistic surrogacy. The debate is ongoing.

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Iceland -

Iceland is another country that has placed a ban on all types of surrogacy. However, the country has taken strides in recent years to allow childless couples to undergo altruistic surrogacy services via the public healthcare system.

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Italy -

In Italy, surrogacy and its sale are strictly prohibited under law, with violations punishable by jail time and hefty fines. The Italian Constitutional Court has reaffirmed this law, citing concerns over women's dignity. As of October 12, 2024, Italian citizens would be prosecuted for having children through surrogacy abroad.

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Mexico -

Most of Mexico’s 31 states do not have any regulations in place regarding surrogacy. Two of the states (Sinaloa and Tabasco) have outlawed only commercial surrogacy, while the states of Coahuila and Querétaro have a total ban on these practices.

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Moldova -

The Republic of Moldova is another country that has strictly outlawed surrogate motherhood. Indeed, the country’s legal framework and criminal code have equated surrogacy to human trafficking.

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Norway -

Norwegian law has implemented a two-tier system to ban surrogacy. Firstly, egg donation is prohibited, which makes surrogacy impossible. And secondly, a woman who has given birth to a child is recognized as its mother, which means that citizens cannot perform surrogacy abroad.

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Pakistan -

Surrogacy in Pakistan is forbidden in its entirety due to existing Islamic law. The intended parents of a child are, per Pakistani law, required to be genetically related to the child.

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Saudi Arabia -

Surrogacy is completely prohibited in Saudi Arabia due to strict Islamic principles that govern family and reproductive matters. The country’s legal and religious frameworks do not recognize surrogacy, and any form of assisted reproduction involving third parties is strictly forbidden.

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Serbia -

In Serbia, surrogacy is entirely illegal. The country’s laws do not recognize surrogacy agreements, and any such arrangements are prohibited. Assisted reproduction is allowed, but it must involve only the intended parents and exclude any third-party involvement.

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Spain -

Surrogacy is expressly illegal in Spain, since a mother’s contract in renouncing her claim to a child is not legally valid. However, it is legal to perform surrogacy in a country where it is legal, as long as the mother who bears the child has the nationality of said country.

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Switzerland -

In accordance with the Swiss Civil Code, surrogacy in Switzerland is strictly prohibited. The code bans all forms of surrogacy, and any contracts related to surrogacy are considered null and void. Interestingly, clinicians who perform surrogacies are punished, while surrogate mothers are not.

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Turkey -

In Turkey, surrogacy is also illegal and not recognized by law. Donation treatments of eggs, male emissions, and embryos are strictly prohibited, while it is also forbidden to treat single women and lesbian couples.

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United Arab Emirates -

Much like Saudi Arabia, the United Arab Emirates (UAE) has outlawed surrogacy under the country's Islamic laws. However, the UAE does permit unmarried, non-Muslim couples to undergo surrogacy, as well as in vitro fertilization (IVF).

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United States -

In the United States, laws surrounding surrogacy are separated into the individual jurisdictions of each state. Many of the 50 states in the country either do not have any legal framework in place, or they have partially or fully legalized all forms of surrogacy. Only four states have strictly banned such practices.

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United States -

The US state of Arizona is one of the territories where surrogacy isn’t legal. However, it isn’t illegal either. Instead, the state does not officially recognize surrogacy contracts, and many arrangements are left to courts on a case-by-case basis.

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United States -

Much like Arizona, surrogacy in Indiana is not illegal, but statutes deem surrogacy agreements as unenforceable by law, and thus not legally binding.

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United States -

Earlier in 2024, the state of Michigan legalized altruistic surrogacy, whereas it had previously expressly forbidden any such agreements under penalty of a US$50,000 fine. This law has not yet been ratified.

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United States -

In North Dakota, surrogacy laws differentiate between traditional and gestational surrogacy. Traditional surrogacy (where the surrogate is biologically related to the child) is prohibited. However, gestational surrogacy (where the surrogate has no genetic link to the child) is allowed. Regardless, surrogacy contracts are considered unenforceable in court.

Sources: (Surrogate.com) (Reuters) (BBC) (Britannica)

See also: Things you cannot do while pregnant

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