International Surrogacy Laws by Country

WHAT ARE THE INTERNATIONAL SURROGACY LAWS BY COUNTRY?

The story of Down Syndrome surrogate baby Gammy, whom, the Australian parents allegedly abandoned, aroused public sympathy and was a subject of controversies all around the world. This leads to questions such as: Where is surrogacy legal? & Which countries prohibit it? Find the answers to these questions about international surrogacy laws by countries and many more below.

Surrogacy laws differ from one country to the other. So, before going for international surrogacy, you need to research the surrogacy laws in your country of choice. Only that way you can ensure that the process will follow both legal and ethical measures.

A lot of countries around the world are not as friendly to surrogacy as the United States is. As a matter of fact, some countries place severe restrictions on surrogacy. Whereas, others go as far as outlawing the practice completely. This blog from Physician’s Surrogacy’s clinic, California will help you to look at surrogacy laws around the world to help you kick start your research process.

Countries Where Surrogacy is Legal

While the federal government of some countries does not have surrogacy regulations in place, certain provinces and states do. 

Remember that just because there are no federal laws regulating surrogacy in a country or province does not necessarily mean that it would be an ideal place for international surrogacy. The lack of surrogacy laws can allow for ethically questionable procedures.

If you are considering international surrogacy, the United States is the only country in the world. This is because of the well–defined laws protecting both the Intended Parents and Surrogate mothers from possible legal issues. Surrogacy laws in the US vary from state to state. However, the states which allow surrogacy (California, Nevada, Maine), properly regulate the practice. Rest assured, you can complete the process legally. With that being said, choosing a surrogacy clinic from the United States is the perfect choice for Intended Parents who live overseas.

There are also countries that neither prohibits nor really regulates surrogacy:

• Nigeria: There is no formal law; commercial surrogacy is “allowed.”
• Kenya: There is no formal law; commercial surrogacy is also “allowed,” but certain legal protections are in place.
• Malaysia: No formal law; commercial surrogacy is “allowed”, and legal guidelines are under review.

As mentioned, the legalities of surrogacy in the countries mentioned above can be confusing. It is in your best interest to consult with a surrogacy lawyer if you are considering to go for surrogacy in Nigeria, Kenya or Nigeria. Although less restrictions make surrogacy easier, it also creates the possibility of ethical issues. It is noteworthy that there are no laws protecting the Intended Parents and Surrogates during the process.

As an Intended Parent who is considering international surrogacy, you need to choose a country with clearly defined surrogacy laws. This will help you ensure that the process results in success without any legal issues. The best option for any interested Intended Parent looking for surrogacy or a top surrogacy clinic is none other than the United States (California, Oregon, Nevada).

Countries That Legally Restrict Surrogacy

Some countries allow surrogacy – but on certain conditions that can make the process either harder to complete or ethically questionable. A lot of countries do not support compensated surrogacy. This means that the Intended Parents need to have a relative or close friend in that country, who is ready to help them without receiving compensation or Surrogate Mother cost (altruistic surrogacy).  Another issue is that some other countries may prohibit non-citizens from surrogacy, making international surrogacy impossible there. 

It’s good to choose a surrogacy-friendly country over one that restricts the practice. This is because choosing a country where there are no definitive laws around surrogacy can result in legal issues when you are trying to take the baby to your own country.

Surrogacy restrictions can also be beneficial in different ways. They do at times help make the process safer than in countries where there are no restrictions for surrogacy whatsoever. There are many things to consider when deciding where to complete a surrogacy journey. At the end of the day, it is up to the Intended Parent and their lawyer to choose which country is best.

Countries That Legally Prohibit Surrogacy

Lastly, there are countries that completely outlaw all kinds of surrogacy, or where one cannot enforce surrogacy contracts in any way, making surrogacy impossible to complete. Although people may still be practicing surrogacy secretly (illegally), it is best not to pursue surrogacy in countries like these due to the potential legal consequences.

Below are countries that Intended Parents considering international surrogacy should avoid:

• France
• Portugal
• Denmark
• Germany
• Ireland
• Spain
• Italy
• Bulgaria
• Cambodia
• Nepal

It is obvious that international surrogacy laws vary and are a bit complex. If you want to complete a surrogacy journey, the United States is the best place to do so. A lot of international Intended Parents come to the United States for surrogacy. A lot of this is due to the set regulations that allow commercial surrogacy while fully protecting both the Surrogates and the Intended Parents.

Do you have a country in mind for your international surrogacy? Consult an experienced surrogacy lawyer in your native country and the country of your choice to know what the legal procedure may look like.

In conclusion, no matter where you decide to complete your surrogacy journey, it is beneficial to make sure you have a good understanding of the surrogacy laws in place. It is important to fully understand how your interests as a Surrogate or Intended Parent can be protected before you start any procedures.

Physician’s Surrogacy is a leading surrogacy clinic from California, U.S. We provide both our Surrogates and Intended Parents with complete information regarding laws, regulations, and rights. If you have any questions regarding surrogacy, or would like to set up a free consultation, you can call (858) 345 -3273 or visit us at www.physicianssurrogacy.com/.