Countries Where Surrogacy is Legal: A Global Overview of Surrogacy Laws

When considering surrogacy, it’s important to understand that whether or not surrogacy is legal in a country depends on the type of surrogacy arrangement. Altruistic surrogacy is the most commonly legalized form, where the surrogate is only reimbursed for expenses during the pregnancy, such as travel or medical bills, with no extra fee being given. In contrast, commercial surrogacy—where the surrogate is paid a fee for carrying the pregnancy to term—is only legal in a few countries.

Here’s a list of countries where surrogacy is legal and the specific conditions for each:

1. Australia

Commercial surrogacy is banned across the country. However, every state in Australia, except the Northern Territory, permits altruistic surrogacy.

2. Belgium

In Belgium, only altruistic surrogacy is permitted. Commercial surrogacy is not allowed, ensuring a more regulated approach to surrogacy arrangements.

3. Canada

While most of Canada permits altruistic surrogacy, the province of Quebec does not recognize any form of surrogacy. Canada has laws protecting both the intended parents and the surrogate in altruistic arrangements.

4. Czech Republic

There are no legal regulations on surrogacy in the Czech Republic, so it is considered legal by default. However, commercial surrogacy is more commonly practiced here, though the laws surrounding it are relatively unregulated.

5. Denmark

Denmark allows only altruistic surrogacy, with no payments beyond reimbursement for reasonable medical expenses and travel costs.

6. Georgia

Georgia is one of the few countries that permits both commercial and altruistic surrogacy. This makes it an attractive destination for international surrogacy arrangements.

7. Greece

Greece permits both types of surrogacy, offering legal frameworks for both altruistic and commercial surrogacy arrangements.

8. Hong Kong

In Hong Kong, commercial surrogacy is illegal, but altruistic surrogacy is allowed, provided it follows strict legal guidelines.

9. India

Surrogacy is currently legal in India. However, there have been changes in recent years with regulations that restrict commercial surrogacy to foreign nationals, with a focus on altruistic surrogacy for Indian citizens.

10. Iran

Both altruistic and commercial surrogacy are legal in Iran, with regulations in place to protect the rights of surrogates and intended parents.

11. Russia

Russia has legalized both commercial and altruistic surrogacy, with favorable laws that support international surrogacy agreements.

12. Thailand

While Thailand used to be a popular destination for commercial surrogacy, recent laws have restricted this to citizens only. Altruistic surrogacy is still allowed in Thailand.

13. Ukraine

Ukraine has surrogacy-friendly laws that permit both commercial and altruistic surrogacy, making it one of the top countries for surrogacy arrangements.

14. USA

Surrogacy laws in the United States vary by state. In some states, surrogacy is fully legalized, while others have restrictions or completely ban commercial surrogacy.

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Key Takeaways

• Altruistic surrogacy is legal in most countries, but commercial surrogacy is restricted or banned in many regions.
• Countries where surrogacy is legal often regulate the type of surrogacy allowed—some allow only altruistic surrogacy, while others permit both.
• Countries where surrogacy is illegal include places like Hong Kong, where commercial surrogacy is prohibited.
• It is important to check local laws and regulations if you’re considering surrogacy arrangements, as the legality can vary dramatically between countries.