Reference · IVF Daddies · v2026.3
Surrogacy Laws by Country
Bottom line
Surrogacy law is jurisdiction-specific. Some countries permit compensated gestational surrogacy with clear parentage mechanisms. Others prohibit surrogacy entirely or restrict access based on marital status, sexual orientation, or nationality. This page maps the legal status, parentage process, and key restrictions across 25 countries.
By Julio Gaggia · Co-founder, IVF Daddies
Surrogacy regulation varies from full legal frameworks with pre-birth parentage orders to outright prohibition with criminal penalties.
The table below maps the current legal status of surrogacy across 25 countries, organized by region. Each entry covers the type of surrogacy permitted, the mechanism for establishing parentage, key restrictions, and estimated cost ranges where applicable.
Laws change. This reference reflects the general legal landscape as of early 2026. Verify current regulations with qualified legal counsel before making decisions.
Status key
North America
United States
PermittedType
Gestational (compensated), varies by state
Parentage
Pre-birth order or post-birth order depending on state
Restrictions
Laws vary significantly by state; some states prohibit surrogacy
Cost range
$150,000 – $200,000
Canada
Altruistic onlyType
Gestational (altruistic)
Parentage
Court order or declaration of parentage; varies by province
Restrictions
Commercial surrogacy prohibited; reimbursement of expenses permitted
Cost range
$80,000 – $100,000
Mexico
RestrictedType
Gestational; legal status varies by state
Parentage
Birth certificate registration; court process may be required
Restrictions
Tabasco previously permitted; legal landscape shifting; restrictions on foreign intended parents in some states
Cost range
$50,000 – $80,000
| Country | Status | Type | Parentage | Restrictions | Cost |
|---|---|---|---|---|---|
| United States | Permitted | Gestational (compensated), varies by state | Pre-birth order or post-birth order depending on state | Laws vary significantly by state; some states prohibit surrogacy | $150,000 – $200,000 |
| Canada | Altruistic only | Gestational (altruistic) | Court order or declaration of parentage; varies by province | Commercial surrogacy prohibited; reimbursement of expenses permitted | $80,000 – $100,000 |
| Mexico | Restricted | Gestational; legal status varies by state | Birth certificate registration; court process may be required | Tabasco previously permitted; legal landscape shifting; restrictions on foreign intended parents in some states | $50,000 – $80,000 |
South America
Colombia
UnregulatedType
Gestational (no specific national law)
Parentage
Court ruling or notarial process
Restrictions
No specific surrogacy legislation; relies on constitutional court interpretations
Cost range
$60,000 – $90,000
Argentina
UnregulatedType
Gestational (practiced without specific regulation)
Parentage
Judicial authorization required
Restrictions
No specific surrogacy law; court precedent allows on case-by-case basis
Cost range
$40,000 – $70,000
Brazil
Altruistic onlyType
Gestational (altruistic, family member preferred)
Parentage
Civil registry; surrogate must be a relative up to fourth degree
Restrictions
Commercial surrogacy prohibited; surrogate must be a family member unless authorized by medical board
Cost range
$30,000 – $50,000
| Country | Status | Type | Parentage | Restrictions | Cost |
|---|---|---|---|---|---|
| Colombia | Unregulated | Gestational (no specific national law) | Court ruling or notarial process | No specific surrogacy legislation; relies on constitutional court interpretations | $60,000 – $90,000 |
| Argentina | Unregulated | Gestational (practiced without specific regulation) | Judicial authorization required | No specific surrogacy law; court precedent allows on case-by-case basis | $40,000 – $70,000 |
| Brazil | Altruistic only | Gestational (altruistic, family member preferred) | Civil registry; surrogate must be a relative up to fourth degree | Commercial surrogacy prohibited; surrogate must be a family member unless authorized by medical board | $30,000 – $50,000 |
Europe
United Kingdom
Altruistic onlyType
Gestational (altruistic)
Parentage
Parental order required post-birth; surrogate is legal mother at birth
Restrictions
Commercial surrogacy prohibited; surrogacy agreements not legally enforceable
Cost range
$50,000 – $80,000
Greece
PermittedType
Gestational (altruistic; court-authorized)
Parentage
Court authorization required before embryo transfer; intended mother recognized at birth
Restrictions
Intended mother must be under 50; must demonstrate medical necessity; same-sex couples not eligible
Cost range
$40,000 – $60,000
Ukraine
PermittedType
Gestational (compensated)
Parentage
Intended parents recognized on birth certificate immediately
Restrictions
Restricted to heterosexual married couples; at least one genetic link required; ongoing geopolitical disruption
Cost range
$40,000 – $60,000
Programs disrupted by geopolitical instability since 2022.
Georgia
PermittedType
Gestational (compensated)
Parentage
Intended parents recognized at birth
Restrictions
Available to heterosexual couples; at least one genetic link required
Cost range
$40,000 – $60,000
France
ProhibitedType
Not permitted
Parentage
No domestic surrogacy parentage mechanism; foreign surrogacy births may be partially recognized
Restrictions
Surrogacy prohibited; recognition of foreign surrogacy arrangements has evolved through case law
Cost range
N/A
Germany
ProhibitedType
Not permitted
Parentage
No domestic mechanism; foreign surrogacy parentage recognition complex
Restrictions
Surrogacy prohibited under Embryo Protection Act; recognition of foreign arrangements varies
Cost range
N/A
Spain
ProhibitedType
Not permitted
Parentage
No domestic mechanism; foreign surrogacy births may be registered through consular process
Restrictions
Surrogacy contracts considered null and void; legislative reform under discussion
Cost range
N/A
Italy
ProhibitedType
Not permitted
Parentage
No domestic mechanism; foreign surrogacy recognition restricted
Restrictions
Surrogacy prohibited; 2024 legislation extended prohibition to surrogacy performed abroad
Cost range
N/A
Denmark
Altruistic onlyType
Gestational (altruistic, limited)
Parentage
Surrogate is legal mother; stepparent adoption required
Restrictions
No formal surrogacy legislation; altruistic arrangements tolerated but not regulated
Cost range
$30,000 – $50,000
Netherlands
Altruistic onlyType
Gestational (altruistic)
Parentage
Surrogate is legal mother; intended parents must adopt
Restrictions
Commercial surrogacy prohibited; no specific regulatory framework; legislative reform under consideration
Cost range
$30,000 – $50,000
Portugal
RestrictedType
Gestational (altruistic; suspended)
Parentage
Court authorization required
Restrictions
2016 law permitted altruistic surrogacy under specific conditions; Constitutional Court suspended parts of the law
Cost range
N/A
Cyprus
UnregulatedType
Gestational (practiced without specific regulation)
Parentage
Variable; court process may be required
Restrictions
No specific surrogacy legislation; fertility clinics operate under general medical regulations
Cost range
$50,000 – $70,000
| Country | Status | Type | Parentage | Restrictions | Cost |
|---|---|---|---|---|---|
| United Kingdom | Altruistic only | Gestational (altruistic) | Parental order required post-birth; surrogate is legal mother at birth | Commercial surrogacy prohibited; surrogacy agreements not legally enforceable | $50,000 – $80,000 |
| Greece | Permitted | Gestational (altruistic; court-authorized) | Court authorization required before embryo transfer; intended mother recognized at birth | Intended mother must be under 50; must demonstrate medical necessity; same-sex couples not eligible | $40,000 – $60,000 |
| Ukraine | Permitted | Gestational (compensated) | Intended parents recognized on birth certificate immediately | Restricted to heterosexual married couples; at least one genetic link required; ongoing geopolitical disruption | $40,000 – $60,000 |
| Georgia | Permitted | Gestational (compensated) | Intended parents recognized at birth | Available to heterosexual couples; at least one genetic link required | $40,000 – $60,000 |
| France | Prohibited | Not permitted | No domestic surrogacy parentage mechanism; foreign surrogacy births may be partially recognized | Surrogacy prohibited; recognition of foreign surrogacy arrangements has evolved through case law | N/A |
| Germany | Prohibited | Not permitted | No domestic mechanism; foreign surrogacy parentage recognition complex | Surrogacy prohibited under Embryo Protection Act; recognition of foreign arrangements varies | N/A |
| Spain | Prohibited | Not permitted | No domestic mechanism; foreign surrogacy births may be registered through consular process | Surrogacy contracts considered null and void; legislative reform under discussion | N/A |
| Italy | Prohibited | Not permitted | No domestic mechanism; foreign surrogacy recognition restricted | Surrogacy prohibited; 2024 legislation extended prohibition to surrogacy performed abroad | N/A |
| Denmark | Altruistic only | Gestational (altruistic, limited) | Surrogate is legal mother; stepparent adoption required | No formal surrogacy legislation; altruistic arrangements tolerated but not regulated | $30,000 – $50,000 |
| Netherlands | Altruistic only | Gestational (altruistic) | Surrogate is legal mother; intended parents must adopt | Commercial surrogacy prohibited; no specific regulatory framework; legislative reform under consideration | $30,000 – $50,000 |
| Portugal | Restricted | Gestational (altruistic; suspended) | Court authorization required | 2016 law permitted altruistic surrogacy under specific conditions; Constitutional Court suspended parts of the law | N/A |
| Cyprus | Unregulated | Gestational (practiced without specific regulation) | Variable; court process may be required | No specific surrogacy legislation; fertility clinics operate under general medical regulations | $50,000 – $70,000 |
Asia
India
RestrictedType
Gestational (altruistic only since 2021)
Parentage
Surrogacy Regulation Act 2021; national surrogacy board oversight
Restrictions
Commercial surrogacy banned; only altruistic surrogacy by close relatives for Indian married couples; foreign nationals not eligible
Cost range
N/A (closed to international intended parents)
Thailand
RestrictedType
Gestational (restricted)
Parentage
Court order required
Restrictions
Commercial surrogacy banned since 2015; available only to Thai heterosexual married couples
Cost range
N/A (closed to international intended parents)
Cambodia
ProhibitedType
Not permitted
Parentage
No mechanism
Restrictions
Commercial surrogacy banned since 2016
Cost range
N/A
| Country | Status | Type | Parentage | Restrictions | Cost |
|---|---|---|---|---|---|
| India | Restricted | Gestational (altruistic only since 2021) | Surrogacy Regulation Act 2021; national surrogacy board oversight | Commercial surrogacy banned; only altruistic surrogacy by close relatives for Indian married couples; foreign nationals not eligible | N/A (closed to international intended parents) |
| Thailand | Restricted | Gestational (restricted) | Court order required | Commercial surrogacy banned since 2015; available only to Thai heterosexual married couples | N/A (closed to international intended parents) |
| Cambodia | Prohibited | Not permitted | No mechanism | Commercial surrogacy banned since 2016 | N/A |
Central Asia
Kazakhstan
PermittedType
Gestational (compensated)
Parentage
Intended parents recognized; birth certificate issued to intended parents
Restrictions
Available to married heterosexual couples; medical indication required
Cost range
$30,000 – $50,000
| Country | Status | Type | Parentage | Restrictions | Cost |
|---|---|---|---|---|---|
| Kazakhstan | Permitted | Gestational (compensated) | Intended parents recognized; birth certificate issued to intended parents | Available to married heterosexual couples; medical indication required | $30,000 – $50,000 |
Oceania
Australia
Altruistic onlyType
Gestational (altruistic)
Parentage
Parentage order or adoption process depending on state/territory
Restrictions
Commercial surrogacy prohibited; some states criminalize engaging in commercial surrogacy abroad
Cost range
$30,000 – $60,000
New Zealand
Altruistic onlyType
Gestational (altruistic)
Parentage
Adoption order required; surrogate is legal parent at birth
Restrictions
Ethics committee approval required; commercial surrogacy prohibited
Cost range
$20,000 – $40,000
| Country | Status | Type | Parentage | Restrictions | Cost |
|---|---|---|---|---|---|
| Australia | Altruistic only | Gestational (altruistic) | Parentage order or adoption process depending on state/territory | Commercial surrogacy prohibited; some states criminalize engaging in commercial surrogacy abroad | $30,000 – $60,000 |
| New Zealand | Altruistic only | Gestational (altruistic) | Adoption order required; surrogate is legal parent at birth | Ethics committee approval required; commercial surrogacy prohibited | $20,000 – $40,000 |
Africa
South Africa
PermittedType
Gestational (altruistic; court-authorized)
Parentage
High Court confirmation required before embryo transfer; intended parents recognized at birth
Restrictions
Surrogate must have at least one living child; no commercial payment beyond expenses; available to all family structures
Cost range
$30,000 – $50,000
| Country | Status | Type | Parentage | Restrictions | Cost |
|---|---|---|---|---|---|
| South Africa | Permitted | Gestational (altruistic; court-authorized) | High Court confirmation required before embryo transfer; intended parents recognized at birth | Surrogate must have at least one living child; no commercial payment beyond expenses; available to all family structures | $30,000 – $50,000 |
How to Read This Table
Status
Indicates whether the country permits, restricts, or prohibits surrogacy. "Unregulated" means surrogacy occurs without specific legislation governing it.
Type
Whether the country allows compensated (commercial) gestational surrogacy or only altruistic arrangements where the surrogate receives expense reimbursement only.
Parentage
The legal mechanism by which intended parents are recognized as the child's legal parents. This may involve pre-birth orders, post-birth orders, adoption, or court declarations.
Cost range
Approximate total cost including medical, legal, and agency fees where applicable. Costs vary based on individual circumstances.
Key Patterns in Global Surrogacy Law
Countries that permit compensated surrogacy typically also provide the clearest parentage mechanisms, reducing legal uncertainty for intended parents.
Countries that prohibit surrogacy domestically often face complex questions about recognizing surrogacy arrangements completed abroad. The legal treatment of these situations varies widely and is evolving.
Several countries that previously operated as major international surrogacy destinations have restricted or closed access to foreign intended parents, shifting demand toward other jurisdictions.
Eligibility restrictions based on marital status, sexual orientation, nationality, or medical indication are common even in countries where surrogacy is legal.
Why This Page Exists
IVF Daddies maps the legal structure of surrogacy across jurisdictions so intended parents can understand the landscape before engaging legal counsel.
This page does not provide legal advice. Its role is to document the system so families can navigate it with better information.
Knowledge Graph
Related reference pages and tools in this system.
Core References
Clinical Models
Legal and Governance
Sources
- Society for Assisted Reproductive Technology (SART) national reports, https://www.sart.org
- Human Fertilisation and Embryology Authority (HFEA) statistics, https://www.hfea.gov.uk
- European Society of Human Reproduction and Embryology (ESHRE), https://www.eshre.eu
This content documents surrogacy legal structures for educational orientation. It does not constitute legal advice. Laws and regulations change. Verify current legal requirements with qualified counsel in the relevant jurisdiction before making decisions.