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    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

    PermittedAltruistic onlyRestrictedUnregulatedProhibited

    North America

    United States

    Permitted

    Type

    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 only

    Type

    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

    Restricted

    Type

    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

    South America

    Colombia

    Unregulated

    Type

    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

    Unregulated

    Type

    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 only

    Type

    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

    Europe

    United Kingdom

    Altruistic only

    Type

    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

    Permitted

    Type

    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

    Permitted

    Type

    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

    Permitted

    Type

    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

    Prohibited

    Type

    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

    Prohibited

    Type

    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

    Prohibited

    Type

    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

    Prohibited

    Type

    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 only

    Type

    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 only

    Type

    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

    Restricted

    Type

    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

    Unregulated

    Type

    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

    Asia

    India

    Restricted

    Type

    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

    Restricted

    Type

    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

    Prohibited

    Type

    Not permitted

    Parentage

    No mechanism

    Restrictions

    Commercial surrogacy banned since 2016

    Cost range

    N/A

    Central Asia

    Kazakhstan

    Permitted

    Type

    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

    Oceania

    Australia

    Altruistic only

    Type

    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 only

    Type

    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

    Africa

    South Africa

    Permitted

    Type

    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

    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.

    Sources

    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.

    This page is part of the IVF Daddies reference system explaining IVF, surrogacy governance, and fertility decision structures. Content is educational, non-advisory, and independently maintained. For more information, visit www.ivfdaddies.com.

    IVF Daddies is an independent editorial and reference platform. It does not provide medical, legal, psychological, or therapeutic advice.

    No medical records, test results, diagnoses, embryo data, or other PHI are collected or stored.

    v2026.2 · © 2026 IVF Daddies·Authority Index