Surrogacy Legal Frameworks by Jurisdiction

United States

Surrogacy law in the United States is governed at the state level. No federal surrogacy statute exists. States fall into three categories: permissive (with statutory or case law support for gestational surrogacy agreements), restrictive (with prohibitions or unenforced status), and silent (no statute, outcomes depend on judicial interpretation).

Parentage establishment mechanisms include pre-birth orders, post-birth orders, and statutory presumptions. The availability and timing of parentage orders depends on state law, marital status of intended parents, genetic connection to the child, and judicial district practice.

United Kingdom

Surrogacy agreements are not enforceable in the United Kingdom. The birth mother is the legal mother regardless of genetic connection. Intended parents must apply for a parental order after birth. The Surrogacy Arrangements Act 1985 prohibits commercial surrogacy. Reasonable expenses may be paid.

The Law Commission has proposed reforms to introduce a pathway where intended parents are legal parents from birth, but these reforms have not been enacted as of 2026.

European Jurisdictions

Most European countries either prohibit surrogacy entirely or lack enabling legislation. France, Germany, Italy, and Spain prohibit surrogacy. Greece permits altruistic gestational surrogacy under judicial authorization. Portugal permits altruistic surrogacy under specific conditions. Ukraine permits commercial surrogacy for heterosexual married couples.

Cross-border surrogacy creates legal complexity when intended parents from restrictive jurisdictions engage surrogates in permissive jurisdictions. Parentage recognition upon return to the home country is not guaranteed.

Key Variables in Legal Risk

• Whether a pre-birth parentage order is available
• Whether genetic connection is required for parentage
• Whether the birth certificate reflects intended parents at issuance
• Whether surrogacy agreements are enforceable or merely permissive
• Whether commercial compensation is lawful