Surrogacy Laws Around the World

Surrogacy Laws Around the World

Every country has its own set of laws regarding surrogacy that can make the process easier or more difficult. For instance, some countries, consider the Surrogate Mother as the legal guardian of the baby until some processes are complete. In many countries, non-citizens are not allowed to have a Surrogate Mother.

Even in the United States, Canada, and Australia, surrogacy laws vary by state/territory. Hence, if you are planning to go for gestational surrogacy, you should have good knowledge about domestic surrogacy – within the U.S., as well as surrogacy laws in other countries.

The differences in surrogacy laws all around the world can sometimes make it difficult for the baby to apply for citizenship and get an American passport. It can also cause unnecessary hardship or stress not only for the Intended Parents but also for the Surrogate. This is why it’s important that you know the rules and regulations governing surrogacy in your Surrogate Mother’s country and your own. Getting the services of an experienced organization is very important in order to avoid problems and easily navigate the legal minefield out there.

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What Countries Have Outlawed Surrogacy?

Certainly, we are not going to dive into the nuances of each country’s stance regarding surrogacy. However, it’s important to note which countries permit surrogacy and what type of surrogacy is allowed.

There are countries that are not favorable toward compensated surrogacy and disallow it, probably due to cultural or religious reasons. However, in countries that support the gestational surrogacy process, international surrogacy agencies maintain great relationships with the agencies in those countries.

The below chart will help you understand how different countries exercise surrogacy law.

Countries such as Spain, Italy, France, Portugal, Germany, and Bulgaria ban all forms of surrogacy. Other countries like Denmark, Belgium, Ireland, and the UK only permit surrogacy if the Surrogate Mother is doing it for altruistic reasons. The surrogate gets no compensation for her services aside from reimbursement for medical costs.

It is clear that knowing what is permitted – or what is not – can have a significant impact on your ability to hire a Surrogate Mother from that country.

Some countries that support gestational surrogacy are not open to allowing their citizens to get Surrogates from another country. That implies that they don’t want their citizens to hire a Surrogate abroad. For example, in some parts of Australia, it’s not legal to get the services of a Surrogate from a different country. In 2015, India, a usually favored country for international surrogacy, completely banned foreign nationals from having Surrogate Mothers in the country.

If these restrictions are beginning to confuse you, believe us when we say you are not the only one. International surrogacy can be very confusing. This is because of the lack of consistency between countries and states regarding what’s allowed and what’s not.

International Surrogacy Programs

International surrogacy occurs when a surrogate, who resides in a different country, is hired to carry the biological baby of Intended Parents from another country. This is usually carried out through an agency that is experienced in international surrogacy. This can be an exciting option since international surrogacy seems to be less expensive than in the USA. Moreover, IVF treatments, surrogacy fees, and medical expenses may also be cheaper in the Surrogate Mother’s country.

Remember, laws regarding compensated surrogacy can be very confusing because they vary from country to country and state to state. In some cases, these laws are in place in regard to the cultural and religious beliefs of a particular country. In other cases, the laws came into effect because previous cases had revealed some gaps in the system. Or, it showed injustices being done to women who are hired as Surrogates. Different countries and states having different ideas about surrogacy law can sometimes be frustrating. But note that these laws are there in order to protect potential surrogates and hopeful families.

How to overcome the hurdles of international surrogacy laws

Gestational Surrogacy is an excellent option that has given hope to a lot of couples and individuals all around the world. Thousands of families out there have been created through surrogacy. But how can you protect yourself as you undergo the process?

Working with a reputable agency like Physician’s surrogacy is one of the wisest decisions you can make. When you work with us, our team of highly experienced experts will help you navigate the surrogacy process from start to end. We completely understand the rules and regulations governing gestational surrogacy in the US and all around the world.

Headquartered in California (a surrogacy-friendly state), we have done this a lot of times before. We will help you understand the surrogacy process and navigate it like a pro. We’ll also discuss the financial aspect of the process and help you look for ways to cut down the costs of surrogacy and ensure finances don’t stop you from achieving your dreams of having a family.


Although our knowledge of surrogacy laws is important, we take pride in the fact that we advise hopeful couples or individuals on other things aside from legal issues and finances. We will be with them as they select a surrogate, undergo IVF, and wait for their bundles of joy. And when the baby finally arrives, we rejoice!

To find out how we can help you become parents through gestational surrogacy – whether domestic or international – simply schedule a complimentary consultation with us. You can also visit our website to have a chat and learn more.

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