Intended Parents should always opt for international surrogacy in countries where surrogacy is legal to have a hassle-free surrogacy process.
Commercial surrogacy is only allowed in a few states of the USA and in a few other countries like India, Ukraine, Georgia, and Russia. That is why, when opting for surrogacy abroad, would-be parents need to look out for international surrogacy countries, where surrogacy is legal yet affordable. Understanding the legalities of surrogacy is a must for parents. Gestational surrogacy is a process in which the surrogate carries the child for the intended parents, either because the female is unable to fertilize the egg or is unable to carry a baby safely. Couples who are unable to have their own children can opt for the gestational surrogacy process. However, there are only a few international surrogacy countries, which are safe and legal surrogacy destinations.
More resources for where is surrogate legal:
Global International Surrogacy Options
IVF Conceptions Surrogacy Prices & Plans (in 2024)
International Surrogacy Countries where surrogacy is legal
Many countries in the world maintain that surrogacy is legal and have explicit surrogacy laws. While a few other countries surrogacy is banned. How surrogacy works legally can be an overwhelming question for parents and surrogate mothers.
Where is surrogacy legal?
You can follow these tables to gain more quick details on surrogacy laws in different countries. Information on international surrogacy laws is organized in a table format:
legal surrogacy countries are as below:
| Country | Eligibility for Surrogacy | Types of Surrogacy Allowed | Legal Protection for Intended Parents | Accessibility for Foreigners | Advertising for Surrogates |
| Australia | Altruistic surrogacy only | No donor or surrogate matching | Not applicable | Not applicable | Not Legal |
| Canada | Altruistic surrogacy only | Not applicable | Not applicable | Altruistic surrogacy allowed | Not applicable |
| Greece | Heterosexual couples, single females | Not applicable | Not applicable | Foreign nationals allowed | Not applicable |
| Georgia | Heterosexual couples (including foreigners) | Compensated surrogacy | Well protected | Foreigners allowed | Not applicable |
| Ukraine | Heterosexual couples (including foreigners) | Compensated surrogacy | Well protected | Foreigners allowed | Not applicable |
| India | Indian citizens only | Commercial surrogacy allowed | Not applicable | Not applicable | Not applicable |
| Israel | Heterosexual Israeli citizens | Altruistic surrogacy only | Not applicable | Not applicable | Not applicable |
| Kenya | Locals and foreigners | Compensated surrogacy | Not legally protected | Not applicable | Not applicable |
| Laos | Foreigners only | Compensated surrogacy | Not legally protected | Foreigners allowed | Not applicable |
| Nigeria | Heterosexual Nigerian citizens | Altruistic and commercial surrogacy | Not applicable | Not applicable | Not applicable |
| South Africa | Heterosexual South African residents | Altruistic surrogacy | Not applicable | Not applicable | Not applicable |
| Thailand | Heterosexual Thai couples | Altruistic surrogacy only | Not applicable | Not applicable | Not applicable |
| UK | Not applicable | Altruistic surrogacy only | Not applicable | Foreigners cannot access | Not Legal |
| USA | Gay and heterosexual foreigners | All forms of surrogacy | Well regulated | Foreigners allowed | Not applicable |
More resources for Legal International Surrogacy countries:
Here is a list of a few international surrogacy countries where is surrogacy legal
Australia
Australia is among the few countries where surrogacy is legal. However, only altruistic surrogacy is permissible in the case of Australia. That means you do not have to pay the compensation of the surrogate. However, you are obliged to pay the expenses incurred during the process of surrogacy. The surrogacy law in Australia also makes it illegal to advertise for surrogacy. Also, in the case of the donor, the donor must be identified. In some instances, the approval of the ethical committee is also required. Foreign parents cannot access the surrogacy procedure in Australia. In Australia, it is also a law that the parentage transfer has to be done within 4 to 6 months of the birth of the child in case of domestic surrogacy without compensation. The cost of surrogacy in Australia ranges between $50,000 to $60,000.
Georgia
Georgia is also among those few countries where commercial surrogacy is legal and becoming a favorable international surrogacy country. Since 1977, surrogacy in Georgia has been legal. The law is also slightly distinct from the other countries. Surrogacy laws in Georgia state that only married heterosexual couples are entitled by surrogacy to have a kid. This stops gay couples and unmarried persons from having a kid in Georgia through surrogacy. However, extracorporeal fertilization is permitted under Article 143 of the Republic of Georgia. Article 143 refers to a female who does not have a uterus as a prospective surrogate candidate. However, as potential customers for surrogacy, Georgian law also considers medical failure to carry a baby until birth and Mullerian duct anomalies.
- Under Georgian law, commercial surrogacy is allowed.
- The name of both intended parents comes on the baby’s birth certificate, and no surrogacy is mentioned.
- The option of choosing an egg donor/sperm donor is possible.
- No court order or adoption is needed.
On average the cost of surrogacy in Georgia is between $30,000 to $60,000.
More resources for where is commercial surrogacy legal:
All-inclusive guaranteed surrogacy baby in Georgia for hetero couples
All-inclusive guaranteed surrogacy baby in Colombia for gay couples
Countries where surrogacy is legal (2020)
Top 4 cheapest surrogacy countries in the world
Canada
In Canada, only altruistic surrogacy is permitted. This means the intended parents cannot offer surrogate mothers compensation or any monetary compensation. But they are entitled to pay for actual medical reimbursement to the surrogate mother. Any third-party services like a surrogacy agency cannot offer surrogacy services, but they can provide support and guidance to the parents. The gestational carrier must register the birth permission no sooner than seven days. Even foreign couples are allowed to do surrogacy in Canada. However, as an only altruistic surrogate is allowed there is a waiting list for the surrogate mothers. Both traditional and gestational surrogacy can be practiced. The total cost of surrogacy in Canada might be CAD 85000, which accounts for USD 75000.
Ukraine
Ukraine surrogacy is becoming popular among many international couples. Commercial surrogacy in Ukraine is explicitly regulated. In the constitution of Ukraine, a couple must be both heterosexual and married in the process of surrogacy in Ukraine. Thus it excludes gay couples and single people to go through the process of surrogacy.
- The law requires gametes by both or either of the parents to maintain the genetic link with the baby.
- The name of both parents comes on the baby’s birth certificate.
- No court order or adoption is needed to gain the legal parentage of the baby.
- The commissioning parents are legal parents of the baby from the moment of conception.
The cost of surrogacy in Ukraine typically amounts to anything between $32,000 to $45,000.
Laos
There is no surrogacy law in Laos, so it is practiced in Laos because the state has not yet jumped in to ban the surrogacy practice. Since commercial surrogacy is prohibited in Thailand and Cambodia, Laos has become a target for expected parents to plan their surrogacy. There is no legal protection. However, compensated surrogacy is available for foreigners.
UK
Surrogacy in the UK first became legal in the year 1985. Under the law, homosexual parents are also given a right to become intended parents in the UK. In the UK, both traditional surrogacy as well as gestational surrogacy, are allowed. Surrogacy in the UK cannot be advertised or commercialized. Only altruistic surrogacy is allowed in the UK. That means you do not have to pay anything to the surrogate except the reimbursement fee in the UK. As a surrogate, you can expect a minimum reimbursement of £8,000 and £20,000 for the expenses and others.
Colombia
Surrogacy in Colombia is legal. The surrogacy was kept by the Columbian tribunal, and assisted reproduction is very much protected by the Columbian constitution. The national constitution offers the complete rights of kids born out of surrogacy. The law of Columbia does not discriminate against any citizen or any minority in the process of surrogacy. However, at least one parent must be genetically linked to the child. Colombia surrogacy can be a good option for single male or gay couples who are seeking affordable and secure surrogacy. The cost of surrogacy in Colombia is around $45,000 to $65,000.
USA
Surrogacy in the USA is the most popular and organized surrogacy option. However, parents need to find where is surrogacy legal in the US. Not all states in the USA are surrogacy-friendly. In a nutshell, gestational surrogacy agreements are not legal in all 50 states. In the U.S. surrogacy laws vary from state to state, which is why parents need to evaluate the legality of the surrogacy contract. Just to give an example, State California surrogacy is legal and offers a surrogacy option for all parents including married couples, single or same-sex couples. That is why it is considered a highly surrogacy-friendly state. On the other hand, in New Jersey, a gestational surrogacy agreement is not allowed, and the surrogate mother cannot be compensated for her family-building effort. So, people who are staying here, need to work with a surrogate mother who resides in a State where surrogacy is legal. USA states where surrogacy is legal or surrogacy friendly States in the USA Even foreign nationals and homosexual couples are allowed to undergo the process of surrogacy in the USA.
- The rights of intended parents and surrogate mothers are well protected.
- The quality of medical services and the success rate is one of the best in the world.
- Although there are few states that do not support surrogacy agreements, still many states offer legally secure surrogacy options for both American citizens and foreign surrogacy seekers.
After the birth of a child in the USA, the intended parent’s name appears on the birth certificate of the child. The baby can also get US citizenship from the surrogate side. However, the USA is extremely expensive in terms of surrogacy costs. The cost of surrogacy in the USA ranges from $120,000 – $150,000. Always choose a state where surrogacy is legal in the USA.
India
In India, as of now, commercial surrogacy is allowed only for Indian couples. The foreign couple’s surrogacy was banned in India in 2015. In recent times, the Indian Government is pushing to ban all sorts of commercial surrogacy for its citizens as well. If the surrogacy bill 2019 is passed, it will ban all kinds of commercial surrogacy for even Indian citizens. Approximate surrogacy costs in India range from $20,000 to $30,000.
Countries where surrogacy is illegal
Surrogacy is illegal in many parts of the world. In most parts of Europe, surrogacy is an unlawful procedure. Some of these countries are Germany, Sweden, Belgium, Austria, Switzerland, Italy, Spain, Estonia, Iceland, and Moldavia. Not only in Europe, but surrogacy is also not allowed in many parts of Asia as well. For example, in countries like Pakistan, Japan, China, Turkey, and Saudi Arabia. In the USA, many states do not allow for the process of surrogacy like New York, Indiana, Arizona, Michigan, and North Dakota. How surrogacy work legally is a tricky subject and parents need to take the assistance of a family lawyer to best protect their rights.
Conclusion
There are many countries where surrogacy is legal and many where it is not. The legalities of surrogacy in each country need to be taken care of before selecting a surrogate country. Hopeful intended parents are advised to do thorough research before opting for international surrogacy. Also, it is good to speak to experienced surrogacy professionals, who can guide and support with the best legal surrogacy options for you.
But at the end of the day, parents need to choose a surrogacy country where surrogacy is legal to prevent any repercussions.
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website: IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.