Surrogacy laws by country

Overview of surrogacy laws in different countries

Global legal status of surrogacy

Surrogacy laws by country vary significantly, reflecting diverse cultural, ethical, and legal perspectives on the practice of surrogacy. Surrogacy is an arrangement where a woman agrees to carry and give birth to a child for another person or couple, who will become the child's parent(s) after birth. The legal status of surrogacy can range from being fully legal and regulated to being completely prohibited.

Legal Frameworks

Surrogacy laws can be broadly categorized into three types: legal and regulated, restricted, and prohibited. Each country may have specific regulations that govern the practice, including who can be a surrogate, who can commission a surrogacy, and the legal process for establishing parental rights.

Legal and Regulated Surrogacy

In countries where surrogacy is legal and regulated, there are often comprehensive laws that outline the rights and responsibilities of all parties involved. These laws may include requirements for surrogacy agreements, eligibility criteria for intended parents and surrogates, and procedures for transferring parental rights.

United States

In the United States, surrogacy laws vary by state. Some states, like California, have well-established legal frameworks that support both altruistic and commercial surrogacy. Intended parents can obtain pre-birth orders that establish their parental rights before the child is born.

United Kingdom

In the United Kingdom, surrogacy is legal but heavily regulated. Only altruistic surrogacy is permitted, and commercial surrogacy is prohibited. The intended parents must apply for a parental order after the birth to become the legal parents.

Restricted Surrogacy

Some countries allow surrogacy under specific conditions, often with restrictions on who can participate and how the process is conducted.

Canada

In Canada, surrogacy is legal, but only altruistic surrogacy is allowed. The Assisted Human Reproduction Act prohibits paying a surrogate beyond reasonable expenses. Each province may have additional regulations.

Australia

In Australia, surrogacy laws are determined by each state and territory. Altruistic surrogacy is generally permitted, while commercial surrogacy is illegal. Intended parents must apply for a parentage order after the birth.

Prohibited Surrogacy

In some countries, surrogacy is completely prohibited, reflecting cultural or religious opposition to the practice.

France

In France, surrogacy is illegal. The French Civil Code prohibits any agreement related to procreation or gestation on behalf of others.

Germany

In Germany, surrogacy is prohibited under the Embryo Protection Act. The law forbids any form of surrogacy arrangement, and violators may face legal penalties.

Ethical and Cultural Considerations

The legal status of surrogacy is often influenced by ethical and cultural considerations. In some societies, surrogacy is viewed as a positive way to help individuals or couples who cannot have children naturally. In others, it raises concerns about the commodification of women's bodies and the welfare of children born through surrogacy.

Related Pages

• Surrogacy
• Assisted reproductive technology
• Parental rights
• Reproductive rights