Countries Where Surrogacy Is Legal (International Surrogacy 2024)

Countries Where Surrogacy Is Legal: Your Comprehensive Guide

Which countries have banned surrogacy and Where is Surrogacy Legal?

Countries where surrogacy is prohibited:

There was a time when Asian countries like India and Thailand were a hub for international surrogacy, but not anymore. During this time, international surrogacy meant going to India or Thailand, as these two nations were offering affordable quality medical services with a considerable number of young and healthy surrogates. 

Adequate legal protection for intended parents and the cheapest surrogacy cost was the main reason for their popularity.

Nevertheless, a few adverse media reports and irregular malpractices make it quite visible for the government to ban surrogacy services for foreigners in these countries.

The other alternative surrogacy destination like Nepal and Cambodia came into existence, but could not last more than a year or two.   

Same way when surrogacy in Thailand came to a halt, local Thailand surrogacy agencies moved their focus to surrogacy in Cambodia.  New IVF Clinics opened with the hope of offering surrogacy to international couples. But again, the absence of surrogacy laws fear of human trafficking, and overuse of the surrogacy services by many agents led to banning of the surrogacy in Cambodia.  

Surrogacy in India is also seeing its last day.  The Indian government banned foreign surrogacy in October 2015.  Now, they are in the process of passing a surrogacy bill in 2016, to stop commercial surrogacy for its citizens as well.

Besides this, surrogacy in Russia is also stopped for foreign couples and only local Russians can do surrogacy. 

Furthermore, recently there has been an announcement by the prime minister of Georiga, that they plan to stop foreign surrogacy in Georiga from January 2024. How the situation develops, needs to be seen. 

 

Worldwide surrogacy options for hopeful intended parents.

Countries where is surrogacy legal?

In Asian countries, Laos is still an option.  But it is worth mentioning that there are no surrogacy laws and it is an unregulated surrogacy country.  So, the absence of laws makes surrogacy possible in Laos. But again, it is too complicated to pursue, as the cost is going higher and no legal security.  

Most of the intended parents are gay couples or single males from nearby Asian countries like China and Singapore who wish to have a baby of their own with the help of a gestational carrier.

It cannot be denied that each year, more and more childless couples or gay couples need surrogate mothers to become parents.  The desire to have a baby is so strong and inbuilt that they are ready to take the risk in unregulated surrogacy countries if they do not have many financial resources.

International surrogacy laws are still uncertain in a few countries. That is why it is advised to do thorough research and take a calculated risk if any.  The intended parents should know what risks they are taking.

It is good to consult an international surrogacy agency to know countries where commercial surrogacy is legal.

 

Which countries allow surrogacy for hetero couples?

Where in Europe is surrogacy legal?

Gestational surrogacy is a dynamic field.  Surrogacy regulations and laws keep changing.  Sometimes there is a positive trend, Just a few days back, we saw that the UK allows single parents to apply for a parental order for the baby born through surrogacy.   

But mostly, the media and society are not kind to most countries banning or planning to ban commercial surrogacy.

 

Countries where commercial surrogacy is legal

Countries where surrogacy is legal: 

Table with information on countries and their surrogacy laws:

Country	Commercial Surrogacy	Altruistic Surrogacy	Surrogacy Status
Australia	Prohibited	Allowed	Altruistic surrogacy is legal in all jurisdictions. Commercial surrogacy is a criminal offense.
Canada	Banned	Allowed	Only altruistic surrogacy is permitted. Compensation for gestational carriers is limited to approved expenses.
Colombia	Uncertain	Allowed	There are no clear rules, but altruistic surrogacy is performed and well tolerated.
Greece	Banned	Allowed	Heterosexual couples, single females allowed.
India	Prohibited	Allowed	Altruistic surrogacy is permitted for certain couples based on medical and age criteria.
Israel	Allowed	Allowed	Gestational surrogacy is legal under the Embryo Carrying Agreements Law.
Kenya	N/A	N/A	No legal regulations/laws for surrogacy in Kenya.
Mexico	Allowed	N/A	Surrogacy, along with ovum and sperm donation, has been legal since 1992.
New Zealand	N/A	Allowed	Altruistic surrogacy is legal.
Thailand	Banned	N/A	Commercial surrogacy is criminalized under the Medical Council Act.
Ukraine	Allowed	Allowed	Surrogacy and egg/sperm donation are legal and supported by liberal laws.
United Kingdom	N/A	Allowed	Surrogacy laws vary across different states/territories in the UK.
United States	Varies by state	Allowed	Surrogacy laws vary by state, some are surrogacy-friendly, while others restrict or penalize commercial surrogacy.

So, what are the legal and viable surrogacy services options? 

At the current time, eastern European countries like Georgia, and Ukraine are good for hetero couples. 

Furthermore, Latin American countries like Colombia and Mexico are desirable destinations that offer surrogacy for same-sex couples, and surrogacy costs in different countries vary. 

For these countries, the International surrogacy cost is much lower with adequate legal protection for the commissioning parents.

Read more about legal surrogacy countries:

Top 4 cheapest countries for surrogacy

Best Countries for Surrogacy 2024- Top International Destinations

Risks of international surrogacy 

Global International Surrogacy Options

IVF Conceptions Surrogacy Prices & Plans ( in 2024)

 

Countries where gay surrogacy is legal – Legal surrogacy options for same-sex couples

For gay couples, the most secure surrogacy option is surrogacy in the USA.  Few US states like California offer legally secure gay surrogacy options but at higher surrogacy costs.

Surrogacy in Colombia

Colombia is a Latin American country that recently came onto the world map for surrogacy.  The capital of Colombia, Bogota, does offer good medical services for locals and foreigners.

This new surrogacy country is much more interesting to same-sex couples who are looking for cheap yet secure gay surrogacy country.  As of now, there is not much safer and more affordable option for same-sex surrogacy seekers, but Colombia offers a lucrative option.

The cost of gay surrogacy in Colombia is $65,000 for an all-inclusive guaranteed surrogacy baby plan.

Other benefits of doing surrogacy in Colombia:

• Lowest gay surrogacy cost as compared to the USA and other gay-friendly surrogacy countries like Mexico and Argentina.
• Guarantee baby program available, it is the only country that offers such services legally with affordability.  The cost for the same is $65,900.
• Good Medical facility and success rates for IVF.
• Legally viable safe and secure country for LGBT surrogacy.
• Huge egg donor database of the most beautiful girls
• Well-established and proven success track record with more than 1000 IPs successfully completed the surrogacy journey.

Thus, Colombia is the cheapest country for surrogacy in Latin America for all family types and the most preferred surrogacy country for gay surrogacy.

Surrogacy in Mexico

The surrogacy cost in Mexico for the guaranteed baby program (fixed-price programs with unlimited clinic & admin services ) is $68,000. We are proud to offer the most affordable, secure, and reliable surrogacy programs in Mexico City with the team having more than 13 years of experience in global surrogacy services.

Inclusive Guaranteed Egg Donor Surrogacy in Mexico for all family types (Mexico City) is $68,900

With a new Supreme Court decision in 2021, surrogacy in Mexico is now one of the best options globally for singles and couples of all sexual orientations seeking to have a family through an affordable and legal surrogacy arrangement.

Learn more: All About Gay Surrogacy in Mexico

Building a family in Mexico is possible for ALL intended parents who wish to grow their family through the surrogacy journey.  It is a must to have at least one genetic link between the child and the commissioning parents.

• gay couple
• Single males
• Single females
• Unmarried hetero couples
• Married hetero couples

Other benefits of doing surrogacy in Mexico:

• Low cost as compared to the USA.  You can save up to 70% of typical surrogacy costs in the USA with our assured or guaranteed baby plan. We can say it is an affordable version of US surrogacy just 3 hours flight from LAX.
• Assured plan program for $67,000 which is affordable yet legally secure.
• Good Medical facility and success rates.
• Legally viable for same-sex couples.   ALL intended parents, singles, married hetero couples, gay couples, or live-in partners are allowed, the only thing is that at least one IP should have a genetic link with the baby.
• Huge egg donor database of the most beautiful girls and no waiting list for dedicated surrogate mothers.

Thus, Mexico is the cheapest country for surrogacy in the world for all family types and the most preferred surrogacy country for gay surrogacy.

 

IVF with Egg Donor & Surrogacy in Argentina- For all parents.  

How much does surrogacy cost in Argentina?  The guaranteed baby surrogacy in Argentina is available for 65,000 USD. Fixed-price programs with unlimited clinic & admin services until you are home with your baby.

 

Factors to consider before opting for international surrogacy destinations.

1. What is the legal protection offered to the Intended Parents?  Do surrogacy laws cover the rights of the surrogate child and surrogate mother adequately?
2. Legal parentage of the baby is given to the commissioning parents or do they need to adopt the baby via court order?
3. What are the eligibility criteria for the intended parents to hire a surrogate mother? If a single-parent, gay couple, or heterosexual couple legally allowed to participate in surrogacy arrangements?
4. Whose name comes on the baby’s birth certificate?  Is a surrogate mother or birth mother the legal mother and her name is mentioned in the baby’s birth certificate?
5. The surrogacy contracts are legally enforceable?
6. How much time does it take to take the baby home after birth?
7. In case of premature delivery, will NICU ( Neonatal Intensive Care Unit) be available for the baby and how much is it likely to cost?
8. Do they need to hire a local lawyer to take the baby home and to what extent the surrogacy agency can help them?
9. Do they need to apply for a parental order to be the legal parent of the baby?  It is definitely done for UK-intended parents who opt for surrogacy.
10. Can they do PGD (Preimplantation Genetic Diagnosis))and NGS  ( Next Generation Sequencing)to rule out any genetic disease in the baby?
11. Is gender selection allowed, just in case you need it?
12. About the prior experience and reference of their country’s successful intended parents.

 

International Surrogacy Laws by Country to Country- Countries where is surrogacy legal

International surrogacy laws are organized in a table format:

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

 

International surrogacy destinations

AUSTRALIA- Altruistic surrogacy is only available. No donor or surrogate matching is available. Advertising for surrogates is not legal.

CANADA- Only altruistic surrogacy is available. Foreigners can access surrogacy, but it has to be altruistic.

GREECE- Heterosexual couples and single females are eligible. Foreign nationals are allowed to engage with a prior court order.

GEORGIA- Compensated or commercial surrogacy is only allowed for heterosexual couples, including foreigners. The legal rights of Intended Parents are well protected. The most common hub of surrogacy as of now.

Ukraine- Compensated or commercial surrogacy is only allowed for heterosexual couples, including foreigners. The legal rights of Intended Parents are well protected. The most common hub of surrogacy as of now.

INDIA- Commercial surrogacy is only allowed for Indian citizens as of now.

ISRAEL- Only altruistic surrogacy is available for heterosexual couples, and Israeli citizens.

KENYA- Compensated surrogacy is available to locals and foreigners but not legally protected.

LAOS- Compensated Surrogacy available to foreigners, but no legal protection

NIGERIA- Altruistic and commercial surrogacy is only available for heterosexual- Nigerian citizens.

SOUTH AFRICA – Only Altruistic surrogacy is available to heterosexual South African residents.

THAILAND- Only available altruistically to Thailand heterosexual couples.

UK- Only Altruistic surrogacy is available. Advertising for surrogates, not legal foreigners cannot access surrogacy in the UK.

USA- Gay and heterosexual foreigners can access surrogacy here see surrogacy laws by US state

Conclusion

Surrogacy itself is an exhaustive and complicated process. It comes with lots of emotional and financial burdens.

In recent years, more and more childless couples have chosen to do surrogacy in countries where surrogacy is legal due to affordable surrogacy costs and a supportive legal framework. 

The idea of creating a new life in some unknown country can be scary. Nevertheless, each month, thousands of prospective parents do it.  Some of them think it is the best decision of their life and enjoy parenthood. Unfortunately, for some, it is a nightmare. We have heard a few unpleasant stories from the intended parents.

That is why we cannot emphasize enough how important it get accurate information when doing surrogacy abroad or opting for international surrogacy in Countries Where Surrogacy Is Legal.  A parenthood journey should be a pleasant experience and not a nightmare.

Get in touch for  FREE SURROGACY CONSULTING:

Mobile: +91-8800481100  ( WhatsApp, Line, Viber)  

Email: ​neelam@ivfconceptions.com

Web: www.ivfconceptions.com

 

FAQs for Countries Where Surrogacy Is Legal

1. Which countries allow surrogacy for intended parents?

 Surrogacy is legal for intended parents in the following countries: USA, Ukraine, Greece, Canada, Georgia, Mexico, Colombia, and several others.

2. What are the legal requirements for surrogacy in different countries?

 The legal requirements for surrogacy vary from country to country. In some nations, there may be age restrictions, residency requirements, and specific contracts that must be followed. You can contact us to know the eligibility requirements for each country.

3. Are there any age restrictions for intended parents in surrogacy arrangements?

  Yes, some countries may have age restrictions for intended parents seeking surrogacy services. Like in Greece, ladies up to 50 years old can do surrogacy. It is essential to check the legal regulations of each country to know the specific age criteria.

4. How much does surrogacy cost in different countries?

  The cost of surrogacy varies widely depending on the country and the services provided. Surrogacy in certain countries, such as Colombia, Mexico, and Georgia is much more affordable as compared to others like the USA or Australia.

5. What are the success rates of surrogacy in various destinations?

  The success rates of surrogacy can differ based on age, gametes quality, and individual circumstances, along with medical facilities, regulations, and overall healthcare infrastructure in each country. It is advisable to research specific statistics for each destination.

6. Are there any restrictions on the nationality of intended parents in surrogacy programs?

 As it is there is no particular restriction based on nationality.  However, before taking any intended parents into the surrogacy program, it is seen if the baby will get the citizenship/passport and travel documents to go back home.

No one wants a situation where a baby gets stuck in a surrogacy country.  So, the first step would be to check what is the legal status of surrogacy in your country and if your embassy will give travel documents to the baby. 

It is generally seen that Muslim countries do not recognize surrogacy and might not assist their citizens in the surrogacy process. In some other countries which do not recognize surrogacy like Belgium, Denmark, and Italy, their citizens need to consult a local attorney before proceeding with surrogacy.

Some countries may have restrictions on the nationality of intended parents seeking surrogacy programs. It is essential to check the legal requirements of each nation regarding this aspect.

7. Can single individuals or same-sex couples opt for surrogacy in these countries?

  The legality of single individuals or same-sex couples opting for surrogacy varies from country to country. Some countries may have specific regulations in place like Greece, Georgia, and Ukraine, which allow only married hetero couples. While others may allow it without restrictions. Researching the laws of each nation is crucial.

 

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.

Our team has over 13 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families. Till now we have helped and supported thousands of the intended parents with their family-building journey, and we can help you as well.  Happy to share the references from the past IPs if needed.

Our founder and chief surrogacy consultant, Neelam Chhagani, passionately helps couples struggling with fertility challenges. Since starting our surrogacy consulting agency in 2013, we’ve helped welcome over 500 babies for intended parents nationwide.

Our team includes experts from diverse backgrounds with leading reproductive attorneys, professionally trained top fertility doctors, former surrogacy case managers, experienced and kind surrogate mother and egg donor coordinators, mental health professionals specializing in infertility counseling, and a logistic support team to assist you in your chosen surrogacy country.

 

Disclaimer:
All legal information on this website is intended only as a guide and is not a replacement for the opinions of licensed legal professionals/Medical professionals. Some information may have changed since the time of publication. We advise you to consult a licensed attorney/Medical expert with authority in fertility/surrogacy processes

 

More Resources:

• American Society for Reproductive Medicine (ASRM): https://www.asrm.org/
• The American Infertility Association (AIA): https://resolve.org/
• Family Equality Council: https://www.familyequality.org/
• National Center for Lesbian Rights (NCLR): https://www.nclrights.org/