The State of Surrogacy Laws Around the World: 2026 Country-by-Country Guide

If you’re thinking about becoming a surrogate in the United States, surrogacy laws around the world might seem irrelevant. They’re not. The countries where surrogacy is legal — and the ones where it’s banned — directly shape who your intended parents are and why they chose a U.S.-based agency. Many families travel from countries where surrogacy is restricted or criminalized, and at Physician’s Surrogacy, we work with these families every day.

This guide breaks down surrogacy laws by country for 2026, explains how different legal systems affect both surrogates and intended parents, and shows why the United States — and California in particular — remains the most legally secure destination for gestational surrogacy anywhere in the world.

How Surrogacy Laws Around the World Are Categorized

Not all surrogacy-friendly countries are equally safe for surrogates or intended parents. The legal certainty of a surrogacy arrangement depends on four factors: whether the agreement is enforceable, who is recognized as the legal parent at birth, what payments are lawful, and whether the child can obtain identity documents and cross borders.

A practical way to understand global surrogacy law is to sort countries into four tiers based on legal predictability.

Surrogacy Laws in the United States: The Global Gold Standard

According to the ASRM policy data — from the American Society for Reproductive Medicine — gestational carrier cycles in the U.S. grew from roughly 3,200 in 2012 to over 8,800 in 2021 — a trajectory that reflects growing global demand as other countries close their doors.

California stands as the most surrogate-friendly state in the country. Its Family Code includes detailed statutory provisions for gestational carrier agreements and pre-birth parentage orders. The intended parents are recognized as the legal parents before the baby is born. For surrogates, this means you are never the legal parent of the child you carry — your standing is protected by written contract, independently verified by an attorney who represents you alone.

Here’s how key U.S. states compare:

This state-by-state patchwork is exactly why working with an experienced agency matters. We coordinate surrogacy journeys under California’s surrogacy framework — the strongest legal protections for surrogates anywhere in the world. For a full breakdown of how laws vary across states, see our surrogacy laws by state guide.

Countries Where Surrogacy Is Legal (With Restrictions)

The table below summarizes jurisdictions that allow some form of surrogacy in 2026. Each country’s framework differs in who can participate, what compensation is lawful, and how parentage transfers to the intended parents.

Country-specific details and source links follow.

United Kingdom

The surrogate is the legal mother at birth regardless of genetics. Intended parents must apply for a parental order after birth to transfer legal parentage.

The UK government warns about difficulties in international surrogacy, particularly around immigration and documentation timelines. Commercial surrogacy brokerage and advertising are restricted.

For U.S.-based surrogates, UK intended parents will need to complete additional legal steps at home even after a successful journey here. The parental order process can take several months after delivery — a factor that affects journey planning on both sides.

Canada

The federal ART law prohibits commercial surrogacy. Surrogates can only receive reimbursement for defined categories of expenses and documented loss of income.

Parentage varies by province — some allow administrative registration while others require court declarations. Canada’s framework is well-regulated but restrictive, which is one reason Canadian intended parents often look to U.S. agencies for compensated arrangements with clearer legal pathways.

Australia

Rules are highly state- and territory-dependent. Several jurisdictions — including New South Wales and Queensland — criminalize overseas commercial surrogacy for their residents.

The Australian government’s surrogacy portal links to each state’s statutes. This extraterritorial criminalization is a serious planning factor for Australian families — surrogates should be aware that their Australian intended parents may face legal scrutiny when they return home.

Greece

Greece has long been one of the few European countries with a court-authorization model for surrogacy, where intended parents obtain judicial approval before the pregnancy begins.

However, the Greek Parliament tightened surrogacy laws in 2025 through Law 5197/2025. New requirements impose a residency rule that excludes most non-resident international applicants, and the law explicitly excludes men based on inability to carry a pregnancy. Greece is a clear example of how fast surrogacy laws around the world can shift.

Ukraine

The Ukrainian Family Code explicitly recognizes gestational surrogacy. Married heterosexual couples are recognized as legal parents at birth, and compensated arrangements are common.

Ukraine was historically a high-volume international surrogacy destination. The ongoing armed conflict has materially affected operational safety, clinic access, and cross-border travel — making it a complicated choice for international families today regardless of legal status.

Georgia (Country)

The Georgian Law on Health Care contains provisions supporting gestational surrogacy. Compensated arrangements are commonly facilitated, and the country has historically attracted international intended parents. Policy tightening debates have surfaced recently — intended parents should verify current administrative and residency rules before committing to any Georgian program.

South Africa

Chapter 19 of the Children’s Act allows surrogacy under strict statutory conditions. The agreement must be in writing and confirmed by the High Court before artificial fertilization can take place.

At least one commissioning parent must be domiciled in South Africa at the time of the agreement, which limits access for fully international arrangements. The pre-approval model offers high legal certainty for those who qualify.

Cyprus, Portugal, New Zealand, Brazil, and Mexico

Each of these countries has a functioning legal framework with significant access limitations. Cyprus carries a specific risk around Northern Cyprus arrangements, which can create severe parentage and recognition problems. Portugal’s authorization process involves multiple government bodies and offers limited international access. New Zealand requires post-birth adoption for intended parents to obtain legal parentage. Brazil regulates through medical ethics rather than statute. Mexico’s enforcement is uneven, and U.S. consular guidance notes that surrogacy agreements are not uniformly enforced by Mexican courts.

Countries Where Surrogacy Is Banned or Heavily Restricted

These countries void surrogacy agreements, criminalize the practice, or ban medical institutions from facilitating it.

France and Germany

France’s Civil Code Article 16-7 declares surrogacy agreements void. Germany’s Adoption Placement Act contains statutory bans and criminal provisions. In both countries, domestic surrogacy cannot be legally facilitated under any circumstances.

Cross-border recognition of parentage from surrogacy abroad remains complex and fact-sensitive in both jurisdictions. European Court of Human Rights (ECHR) jurisprudence has shaped how France handles recognition, but French and German citizens still face serious hurdles establishing legal parentage when they return home with a child born through surrogacy in another country.

Italy

Law 40/2004 banned surrogacy domestically. In October 2024, the Italian Senate passed Law 169/2024, expanding this into a “universal crime.”

Italian citizens who pursue surrogacy anywhere in the world now face up to two years’ imprisonment and fines up to one million euros. The law took effect November 2024. Enforcement of cross-border cases remains uncertain — but the deterrent effect is significant, and it has driven many Italian families to seek detailed legal consultation before pursuing any surrogacy arrangement abroad.

Russia and India

Russia’s 2022 federal law prohibits foreigners from using surrogate motherhood in Russia — ending what had been one of the world’s most common destinations for international commercial surrogacy. Some families were stranded mid-process.

India’s Surrogacy Regulation Act and ART Act (2021) created a strict altruistic-only framework with narrow eligibility. Foreign intended parents are generally excluded. India was once a top international surrogacy destination — the 2021 laws effectively closed the country to foreign families.

China, Japan, Thailand, Singapore, and Spain

China bans medical institutions from performing any form of surrogacy technology. Japan has no comprehensive statute but treats the birth mother as the legal mother, creating adoption requirements for intended parents who pursue surrogacy abroad. Thailand restricts surrogacy to non-commercial arrangements for Thai married couples only. Singapore’s clinic licensing rules effectively prohibit domestic surrogacy. Spain voids surrogacy contracts domestically, and a 2025 instruction tightened the registration pathway for children born through surrogacy abroad.

Why Countries Are Tightening Surrogacy Laws

The global trend since 2020 has moved toward restriction, not liberalization. Russia banned foreign surrogacy in 2022. India restricted it to altruistic-only arrangements for Indian citizens in 2021. Greece imposed residency requirements in 2025. Italy expanded its ban extraterritorially in 2024. Spain tightened foreign birth registration in 2025.

The Hague Conference on Private International Law (HCCH surrogacy project) had been working for over a decade on a possible convention to address cross-border surrogacy parentage. In March 2026, the HCCH’s governing body decided not to advance the project — effectively suspending the effort. No international legal standard for surrogacy is likely to emerge in the near future.

This growing patchwork of restrictions is one of the primary reasons the United States — and specifically California — has become the dominant destination for international gestational surrogacy.

What International Surrogacy Laws Mean for U.S.-Based Surrogates

If you’re considering becoming a surrogate in the United States, here’s why the global legal picture matters directly to you.

• Your intended parents may come from a country where surrogacy is illegal. Many families we work with come from France, Germany, Italy, China, Spain, Australia, and other restricted countries. They chose a U.S.-based agency because American law protects their parentage rights — and your rights as a surrogate.
• U.S. legal protections depend on your state and your agency. California’s pre-birth parentage orders, mandatory escrow accounts, and independent legal counsel requirements are the global gold standard. Working with an agency headquartered in California gives you the strongest legal standing possible.
• Medical oversight matters more in cross-border arrangements. International journeys involve additional complexity — travel coordination, embassy documentation, medical record translation. An agency with onsite medical oversight handles clinical communications directly and coordinates peer-to-peer consultations with your delivering OB/GYN when complications arise.
• Compensation transparency protects you. In countries with altruistic-only frameworks, compensation rules are vague. In the U.S., your surrogate compensation is documented in a legally binding agreement before the journey begins. At Physician’s Surrogacy, surrogates receive a flat-rate package starting at $60,000–$75,000+ — fully disclosed from day one.

How Physician’s Surrogacy Protects Surrogates in Cross-Border Journeys

We are the only surrogacy agency in the United States managed by practicing OB/GYNs. That distinction matters most when surrogacy journeys involve international intended parents and complex legal requirements.

Our physician-designed screening process goes beyond ASRM guidelines — producing a preterm delivery rate 50% below the national average. Our onsite medical team monitors clinical communications, orders optional antenatal testing, and provides direct peer-to-peer consultations with your delivering OB if complications arise.

For surrogates working with international intended parents, your medical care is never compromised by distance, language barriers, or legal complexity. Someone with real clinical authority is always overseeing your health. That’s the Physician’s Advantage.

We match surrogates with intended parents in an average of one week — from the largest pre-screened surrogate pool in the U.S. Your compensation starts at $60,000–$75,000+ flat-rate, disclosed in full before you sign your agreement, and managed through secure escrow accounts. You also receive 3–6 months of post-delivery support.

Frequently Asked Questions

Julianna Nikolic

Chief Strategy Officer Julianna Nikolic leads strategic initiatives, focusing on growth, innovation, and patient-centered solutions in the reproductive sciences sector. With 26+ years of management experience and a strong entrepreneurial background, she brings deep expertise to advancing reproductive healthcare.