Surrogacy legislation varies in different countries around the world. Some of them have laws which allow only uncompensated (altruistic) surrogacy agreements. The others prohibit any usage of surrogacy at all.
Nevertheless, there is a small number of territories and states where compensated (commercial) surrogacy agreements are allowed by law. These countries are of particular interest for international fertility tourists.
Our info graphic world map illustrates the distribution of countries among those categories.
Countries where both commercial and altruistic surrogacy is allowed by law:
Russian Federation, Ukraine, Belarus, Georgia, Armenia, Cyprus, India, South Africa, United States (Arkansas, California, Florida, Illinois, Texas, Massachusetts, Vermont)
Countries where only altruistic surrogacy is allowed by law:
Australia, Canada (except Quebec), United Kingdom, Netherlands, Denmark, Hungary, Israel, United States (New York, New Jersey, New Mexico, Nebraska, Virginia, Oregon, Washington)
Countries where all kinds of surrogacy are banned by law:
Germany, France, Belgium, Spain, Italy, Switzerland, Austria, Norway, Sweden, Iceland, Estonia, Moldova, Turkey, Saudi Arabia, Pakistan, China, Japan, Canada (Quebec), United States (Arizona, Michigan, Indiana, North Dakota)
Altruistic surrogacy is also allowed in Brazil and Hong Kong
Can hk use altruistic? What does altruistic mean
Altruistic surrogacy is when another person, a family member for example, has the baby for you with no payment involved.
May I kindly ask you what altruistic surrogacy means?
Altruistic surrogacy is allowed in Belgium. You may refer to: http://www.familylaw.com.ua/index.php?option=com_content&view=article&id=69&Itemid=99&lang=en
Corrections for major mistakes in this map:
*South Africa: commercial surrogacy is banned, altruistic is allowed (but heavily regulated)
**Brazil: same as south africa (only family), but regulation is not as heavy
***Pakistan: surrogacy is not banned, but unregulated (even though wikipedia says it is forbidden)
(among others)
****Belgium: it is not illegal, but altruistic is allowed
(among others)
Thank you Felipe. We’ll revise the legal situation and save your corrections in the newest map update.
India allows commercial surrogacy only for citizens of countries where it is legal to prevent surrogate babies who are abandoned by ‘commissioning’ parents as has happened recently in Australia becoming stateless. As far as I’m aware, same sex couples cannot apply for either surrogacy or adoption.
very informative post for those who going for surrogacy treatment in other country.like it and keep posted
Thanks for such a nice piece of information about surrogacy laws yes you are right there are several laws through out the world and it varies country by country. Nowadays intended parents around the glove are heading towards India and Nepal as these two counties offers low cost surrogacy services and Nepal has no law for surrogacy that means one can easily avail surrogacy there. here is a complete guide about surrogacy laws in India and other counties.
We located in Ukraine
What about China? On the last few months we have many requests from China, but gave refuse to clients, Ukrainian birth certificate include both parents but not have a line for citizenship of newborn children, and only lines of parents citizenship,
it is OK for US, UK, Australian couples, but what about China, how they can take away the newborn to China?
Also about Belgium we had a few couples in the past, but they refuse because for receive the citizenship for newborn children Belgium demand staying in Ukraine about 1 year, for to solve the all legal aspects, and of course it’s upset to families.
If you use a surrogate from France and she uses her eggs and donor sperm and she has baby in Ireland what can you do to make legal for baby to be yours