The State of Surrogacy Laws Around the World in 2026

If you’re thinking about becoming a surrogate in the United States, surrogacy laws around the world might seem irrelevant. But they directly shape who your intended parents are and why they chose a U.S.-based agency. Many families travel from countries where surrogacy is banned or legally risky — and at Physician’s Surrogacy, we work with these families every day.

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

Key Takeaways

• Surrogacy laws vary dramatically by country, ranging from full legality with pre-birth parentage orders to outright criminal bans — and the legal picture is shifting fast.
• The United States operates on a state-by-state system where states like California offer the strongest surrogate and intended parent protections anywhere in the world.
• Many countries that previously allowed international surrogacy have recently restricted or banned the practice, including Russia (2022), India (2021), and Greece (2025).
• For surrogates in the U.S., understanding international surrogacy law helps contextualize why international intended parents seek American agencies and what legal safeguards protect your journey.
• The Hague Conference on Private International Law suspended its decade-long effort to create an international surrogacy convention in March 2026 — no global legal standard is coming anytime soon.

This article is for informational purposes only and does not constitute medical advice. Consult with a qualified medical professional for guidance specific to your situation.

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: if the agreement is enforceable, who is recognized as the legal parent at birth, what payments are lawful, and if 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.

• Tier 1 — Pre-approved frameworks. Courts or government authorities validate the arrangement before the pregnancy begins. Gestational surrogacy agreements carry legal weight, and parentage processes are clear. Examples: parts of the U.S. (especially California), Greece (now tightened), and South Africa.
• Tier 2 — Permissive but state-based. The United States is the primary example. Rules vary dramatically from one state to the next — from strongly supportive in California to criminal prohibitions in states like Louisiana.
• Tier 3 — Altruistic-only with post-birth transfer. Countries like the United Kingdom, Canada, and Australia allow surrogacy but ban commercial compensation. The surrogate is typically the legal mother at birth, and intended parents must go through a post-birth court process to obtain parental rights.
• Tier 4 — Prohibited or restricted. These countries void surrogacy agreements, criminalize facilitation, or ban medical institutions from performing surrogacy-related procedures. France, Germany, China, and Italy fall into this category.

Surrogacy Laws in the United States: The Gold Standard

The U.S. does not have a single federal surrogacy law. Instead, each state sets its own rules — and the differences are enormous. According to the ASRM, gestational carrier cycles grew from roughly 3,200 in 2012 to over 8,800 in 2021.

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, meaning the intended parents are recognized as the legal parents before the baby is born. For a deeper look at how these protections work, see our guide on surrogacy in California.

Here’s how a few key states compare:

State	Compensated Surrogacy	Pre-Birth Parentage Order	Notable Detail
California	Yes	Yes	Strongest statutory protections; top destination for international IPs
New York	Yes (since 2021)	Yes	Surrogate bill of rights under Child-Parent Security Act
Michigan	Yes (since 2024)	Yes	Recently repealed longstanding criminal prohibition
Louisiana	No	No	Prohibits commercial surrogacy arrangements
Nebraska	Restricted	Varies	Limited statutory framework

For surrogates, California’s framework means you are protected by a written legal agreement, you receive compensation through an escrow account, and your parental status is clear from the start — you are never the legal parent of the child you carry.

This state-by-state patchwork is exactly why working with an experienced agency matters. We coordinate surrogacy journeys under California’s surrogacy laws, which provide the strongest protections for surrogates anywhere in the world.

Our in-house OB/GYNs oversee every medical decision from screening to delivery, and our legal coordination team handles contracts, escrow, and parentage orders so you never have to worry about your legal standing.

Countries Where Surrogacy Is Legal (With Restrictions)

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

Country	Status	Commercial?	Parentage Process	Key Restriction
United Kingdom	Altruistic only	No	Post-birth parental order	Surrogate is legal mother at birth
Canada	Altruistic only	No	Provincial (varies)	Federal ban on commercial surrogacy
Australia	Altruistic only	No	State-dependent court orders	Some states criminalize overseas commercial surrogacy
Greece	Court-authorized	No	Pre-birth court authorization	2025 residency requirement; excludes men
Ukraine	Gestational recognized	Yes	Administrative registration	Armed conflict creates operational risk
Georgia (country)	Health law recognized	Yes	Statutory framework	Policy tightening debates ongoing
South Africa	Court-confirmed	No	High Court confirmation	At least one parent must be domiciled in SA
Cyprus	Statutory framework	No	Council + court order	Northern Cyprus arrangements carry severe legal risk
Portugal	State-authorized	No	CNPMA authorization	Limited international access
Mexico	State-based	Mixed	Varies by state	Enforcement uneven; consular documentation complex
Brazil	Ethics-regulated	No	Civil registration	No comprehensive surrogacy statute
New Zealand	HART Act	No	Adoption transfer	Surrogate is legal parent; adoption required

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, and compensation is limited to reasonable expenses.

For U.S.-based surrogates, this means your 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, and intended parents may need to remain in the U.S. longer than expected — 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 provinces 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 surrogacy 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 maintains an official surrogacy portal linking to each state’s statutes. This extraterritorial criminalization is a serious planning factor for Australian families considering surrogacy in the United States, and 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. The law also explicitly excludes men from eligibility based on inability to carry a pregnancy.

These changes have created mid-journey risk for families who began preparations before the restrictions took effect. Greece is a clear example of how fast surrogacy laws around the world can shift.

Ukraine

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

Ukraine has historically been a high-volume international surrogacy destination. However, the ongoing armed conflict has materially affected operational safety, clinic access, and cross-border travel. Even where the legal framework is stable, the operational risks make Ukraine a complicated choice for international families today.

Georgia (Country)

The 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 in recent years. Intended parents should verify current administrative and residency rules before committing to a Georgian program, as regulations can change with limited advance notice.

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. South Africa’s pre-approval model offers high legal certainty for those who qualify.

Cyprus

The Republic of Cyprus operates under its ART reproduction law, with a council approval and court order pathway. No financial consideration beyond expenses may be exchanged.

An important risk flag: arrangements marketed as taking place in “Cyprus” that are actually executed in Northern Cyprus can create severe parentage and recognition problems. A UK High Court case highlighted serious misunderstandings about clinic locations and legal jurisdiction in such cases.

Portugal

Law 32/2006 governs surrogacy with a state authorization process overseen by the national Council for Medically Assisted Procreation (CNPMA). Constitutional Court decisions in 2018–2019 led to major reforms, and implementing measures were adopted through 2023.

The process is highly formalized. Access for international intended parents is limited, and the authorization pathway involves multiple government bodies.

Mexico

Some Mexican states — notably Tabasco and Sinaloa — have civil code provisions addressing surrogacy, but enforcement is uneven and the legal environment is evolving through constitutional litigation.

U.S. consular guidance notes that surrogacy agreements are not uniformly enforced by Mexican courts. Intended parents frequently require DNA testing and consular documentation for cross-border return with a newborn.

Brazil

The Federal Council of Medicine regulates surrogacy through medical ethics standards rather than a comprehensive statute. Commercial surrogacy is not lawful under prevailing ethics rules.

The intersection of medical ethics guidance and civil registration rules creates complexity for both domestic and international arrangements. Families considering Brazil should consult local counsel familiar with both the medical ethics framework and state-level registration practices.

New Zealand

The HART Act provides the national framework. Government guidance states that a child born through IVF surrogacy is the legal child of the surrogate.

Adoption is commonly required for intended parents to obtain legal parentage. This post-birth adoption requirement adds time and legal friction to the process, particularly for international families unfamiliar with New Zealand’s family court system.

Countries Where Surrogacy Is Prohibited or Heavily Restricted

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

Country	Legal Basis	Key Detail	Recent Change
France	Civil Code Art. 16-7	Agreements void	ECHR shapes cross-border recognition
Germany	Adoption Placement Act	Placement ban + criminal provisions	Cross-border recognition complex
Italy	Law 40/2004 + Law 169/2024	“Universal crime” — applies abroad	Expanded extraterritorially Nov 2024
Spain	Domestic contracts void	Registration tightened	2025 BOE civil registry instruction
Russia	2022 federal law	Foreigners banned	Ended international surrogacy industry
India	ART Act + Surrogacy Act (2021)	Altruistic only; narrow eligibility	Rules amended through 2024
Thailand	2015 ART Protection Act	Non-commercial, Thai couples only	Stable since 2015
China	NHC Administrative Measures	Medical institutions banned	Enforcement continues
Singapore	Healthcare licensing	Clinics cannot provide surrogacy	Policy review ongoing
Japan	No comprehensive statute	Birth mother = legal mother	Science Council recommends prohibition

France

Civil Code Article 16-7 declares surrogacy agreements void. Domestic surrogacy cannot be legally facilitated under any circumstances.

ECHR jurisprudence has shaped how France handles cross-border recognition of parentage from surrogacy abroad, but French citizens still face serious hurdles establishing legal parentage when they return home with a child born through surrogacy in another country.

Germany

The Adoption Placement Act contains statutory bans on surrogacy placement and related criminal provisions. Domestic surrogacy programs cannot be lawfully facilitated.

Cross-border recognition of parentage from surrogacy arrangements completed abroad remains complex and fact-sensitive. There is no guaranteed pathway for German intended parents, and each case depends on the specific circumstances of the arrangement and the documentation available.

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 in November 2024.

Enforcement of cross-border cases remains uncertain — medical records from other countries are protected by privacy laws. But the law creates a strong deterrent for Italian families and has driven many to seek detailed legal consultation before pursuing surrogacy in the United States.

Spain

Surrogacy contracts are void under Spanish domestic law. A 2025 BOE instruction further tightened the registration pathway for children born through surrogacy abroad.

This makes it harder for Spanish citizens to register foreign surrogacy births domestically, adding another layer of complexity for Spanish intended parents who pursue surrogacy in the U.S. and need to formalize parentage once they return home.

Russia

A 2022 federal law prohibits foreigners from using surrogate motherhood in Russia. This was a major shift — Russia had previously been one of the most common destinations for international commercial surrogacy.

The prohibition effectively ended the country’s international surrogacy industry and stranded some families mid-process. Russia is a textbook example of how a single legislative change can eliminate an entire surrogacy pathway overnight.

India

The Surrogacy Regulation Act and ART Act (2021) created a strict altruistic-only framework with narrow eligibility requirements. Foreign intended parents are generally excluded.

Rules have been amended multiple times through 2024, and governance structures including national and state surrogacy boards are still being implemented. The regulatory environment is complex, documentation requirements are extensive, and informal workarounds carry serious legal risk. India was once a top international surrogacy destination — the 2021 laws effectively closed the country to foreign families.

Thailand

The ART Protection Act restricts surrogacy to non-commercial, gestational arrangements for married Thai couples where the wife cannot carry a pregnancy. Foreign intended parents are largely excluded, and brokering surrogacy is prohibited.

The framework has been stable since 2015. Thailand closed its doors to international surrogacy after high-profile cases in the mid-2010s drew public scrutiny and prompted legislative action.

China

The NHC Administrative Measures prohibit medical institutions and medical personnel from performing any form of surrogacy technology.

Demand persists underground and cross-border, but domestic surrogacy cannot be lawfully facilitated through any medical institution. Enforcement campaigns and policy debates continue, and Chinese intended parents frequently turn to U.S.-based agencies as the most viable legal option.

Singapore

Clinic licensing rules effectively prohibit domestic surrogacy treatment. Licensed ART centers cannot provide surrogacy services.

The government has acknowledged ongoing policy review but has not changed its position. Residents who pursue overseas surrogacy face adoption and parentage recognition challenges upon return, making the post-journey legal process a serious consideration.

Japan

No comprehensive surrogacy statute exists. The Science Council of Japan has recommended prohibition in principle, and courts treat the birth mother as the legal mother.

Intended parents pursuing surrogacy abroad face adoption or recognition hurdles when returning to Japan with a child. Japanese families working with U.S. agencies typically need detailed legal coordination to handle parentage recognition through the Japanese consular system.

Why Countries Are Tightening Surrogacy Laws Around the World

The global trend since 2020 has moved toward restriction, not liberalization. Russia banned foreign surrogacy in 2022. India restricted surrogacy 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 HCCH 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 states like 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 to you directly.

• 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 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 in-house medical oversight can handle clinical communications directly and coordinate peer-to-peer consultations with your delivering OB/GYN.
• 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 our agency, surrogates receive $55,000–$75,000+ in flat-rate compensation that’s fully disclosed from the start.

The Cross-Border Parentage Problem

One of the most misunderstood aspects of international surrogacy is the parentage recognition gap. A lawful surrogacy arrangement in one country does not guarantee that the child’s parentage will be recognized in the intended parents’ home country.

In many jurisdictions — including the UK, New Zealand, and much of Europe — the person who gives birth is treated as the legal mother, regardless of genetic connection. Even when the arrangement is fully legal abroad, home-country recognition may require adoption, a domestic parentage order, or recognition of a foreign court judgment.

The European Court of Human Rights has addressed this repeatedly, generally treating legal recognition of the parent-child relationship as tied to the child’s best interests. But court decisions vary by case, and no consistent standard applies across Europe.

For surrogates, this means your intended parents may need to complete additional legal steps at home after the birth. An experienced agency anticipates these requirements and builds documentation strategy into the surrogacy contract from the beginning.

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 in-house 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. Your compensation of $55,000–$75,000+ is 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.

If you’re comparing surrogacy agencies, ask one question most people don’t: who’s actually managing the medical side? Apply to become a surrogate and see the difference OB-led surrogacy makes.

Frequently Asked Questions

Is surrogacy legal in all 50 U.S. states?

No. Surrogacy laws vary by state. California, New York, and many others support gestational surrogacy with pre-birth parentage orders. Some states restrict or prohibit compensated surrogacy. Always work with an agency operating under favorable state law.

Can international intended parents pursue surrogacy in the United States?

Yes. The U.S. is one of the few countries where international intended parents can legally pursue compensated gestational surrogacy with full parentage protections. California is the most popular destination.

How do surrogacy laws in other countries affect me as a U.S. surrogate?

They determine who your intended parents might be and why they chose a U.S. agency. Many families come from countries where surrogacy is banned. Your legal protections are governed by U.S. state law, not foreign law.

Why did the Hague Conference suspend its surrogacy convention work?

Policy differences among member states proved too fundamental to overcome. The HCCH governing body decided in March 2026 not to advance the project, though it may revisit in 2028.

What is the safest country for gestational surrogacy?

The United States — specifically states like California — offers the strongest legal protections for both surrogates and intended parents, including pre-birth parentage orders, mandatory legal counsel, and escrow-managed compensation.