The practice of international surrogacy is quite widespread today. This fact is associated with surrogacy legislation varying in different countries. Considering the fact that surrogate motherhood is prohibited in some states, fertility-challenged couples have to go to other countries whose legislation is more loyal to the practice. No surprise that they find a solution in international agencies providing their services to foreign customers. Surrogacy laws are different in different states; let us straight out how the matter stands in different countries.
Strict or opaque legislation of many countries and the high cost of surrogacy service force couples to seek surrogate mothers outside their own country. Ukraine is considered the European center of the reproductive tourism. Ukrainian legislation is loyal; prices on surrogacy in Ukraine are affordable, and the level of medicine is at a high level. No surprise that many couples head to Ukraine in search of a surrogate mother to give birth to their child.
Ukraine is one of the few countries in the world where the use of the majority of reproductive technologies, in particular surrogate motherhood and egg donation, is completely legal. In this regard, Ukrainian lawmakers were much more progressive than most of their European counterparts. What’s more, both altruistic and commercial surrogacy Ukraine are allowed by law.
For the surrogacy program to comply with all the legal norms, it is only needed to find a surrogate mother who adheres to all the requirements, and conclude a contract with her. If a function of a surrogate mother will be performed by a married woman, make sure to get a written consent of her husband confirming his agreement his wife’s participation in the program. Loyal legislation and earthy prices make Ukraine a top destination for fertility-challenged couples. On top of that, Ukraine is known to be a country with a strong gene pool, pretty and healthy people, and a conservative institute of maternity. Multiple surrogacy Ukraine reviews prove that.
Based on Ukraine surrogacy reviews, Feskov Human Reproduction center is a leader in working with English-speaking clients from the U.S., Canada, Great Britain, and the rest of Europe. High-level customer orientation and advanced service have helped us build a strong brand and flawless reputation in the industry. For the customer’s comfort and satisfaction, our surrogacy agency provides a full range of services to our clients. The surrogacy agency managers are fluent in English, German, Spanish, and French, and will answer any questions, whether these are about medical or legal aspects of the business.
The US is one of the countries where IVF and surrogate motherhood practices were first applied. Reproductive technologies in this country have been in use since 1980, but there is no single law on surrogate motherhood that operates throughout the entire country. Every state has its own legislation. For example, in Arizona, New Jersey, and Michigan, surrogate motherhood is completely prohibited. What’s more, there is a fine of $ 50,000 or five years imprisonment for surrogate motherhood in the state of Michigan. On the other hand, in the state of New York, surrogate motherhood is allowed, but not commercial surrogacy.
California and Florida are considered the most surrogacy friendly states. In California, there are almost no restrictions in this regard - any citizen can conclude a contract with a surrogate mother, regardless of his sexual orientation or marital status. The procedure of parental rights transfer is also simplified in that area. Thus, California surrogacy laws are the most loyal ones throughout the whole country.
Florida is another attractive state for couples who want to use the services of a surrogate mother or in-vitro fertilization. Here, the so-called autonomous fatherhood programs are allowed by law - when a single man has the right to use a donor egg and a surrogate mother for the birth of a child. Besides, there are no restrictions on the use of the services of a surrogate mother for same-sex couples. Therefore, Florida attracts the maximum number of childless families both from neighboring states and other countries. The state is just perfect for surrogacy tourism, despite the high cost of the services.
In those states where surrogate motherhood is allowed, special attention is paid to the legal regulation of this business. The presence of the relevant laws on surrogacy USA and legal support for the surrogate motherhood program protects the rights of genetic parents. Apart from progressive surrogacy laws in USA, the level of medicine is very advanced in the country, which explains high success rates and successful attempts of in-vitro fertilization.
The main disadvantage of surrogacy in the USA is a high cost of the procedure, which exceeds $110,000. The total amount depends on the success of IVF, surrogacy agency fees, and financial compensation to a surrogate mother. Here are some of the approximate expenses associated with the procedure of surrogacy in the USA:
- examination of a surrogate mother - $1,500 - $5,000;
- medical supplies for a surrogate mother - $3,500;
- financial reward for a surrogate mother - $20,000 - $60,000;
- services of a lawyer - $6,000 - $10,000;
- medical insurance for a surrogate mother - $5,000;
- clinic/ surrogacy agency fees - $35,000;
- additional expenses - $5,000.
Taking into account the cost of the procedure, only rich people can afford to pay for surrogacy in the USA. On top of that, surrogacy laws by state vary greatly.
US State Surrogacy Laws
Is surrogacy legal in all 50 states? What is the status of surrogacy legislation in your native state? Find more info in the table below.
||Surrogacy Legal (Yes/ No)
|Florida (FL) ||Yes|
|Georgia (GA) ||Yes|
|New Hampshire (NH)||Yes|
|New Jersey (NJ)||Yes|
|New Mexico (NM)||Yes|
|New York (NY)||No|
|North Carolina (NC)||Yes|
|North Dakota (ND)||Yes|
|Rhode Island (RI)||Yes|
|South Carolina (SC)||Yes|
|South Dakota (SD)||Yes|
|West Virginia (WV)||Yes|
*Although the un-enforceability of surrogacy contracts, gestational surrogacy is practiced in the area.
**Only gestational surrogacy is permitted with no statute or published case law prohibiting it.
The UK legislation is tolerable to surrogate motherhood. In 1990, the British Parliament passed a law on surrogate motherhood. The same legal act was issued by the Department of Artificial Insemination and Embryology regulating in-vitro fertilization process, the storage of sperm and embryos, as well as the development of research in embryology. The goal of the department is to provide all the information to people who are interested in surrogacy UK. The act stipulates that the family may require the court to recognize the child as its own if:
- the couple is married;
- the child was conceived with the gametes of one of the spouses;
- the request was made during the first 6 months after the birth of the child;
- at least one of the parents is a British citizen;
- the parents of the child are already 18 years old;
- the place of residence of the child is the same as the place of residence of the parents;
- a surrogate mother must abandon the child from the 6th week after his birth.
Surrogacy laws in UK are rather ambiguous. On the one hand, there is nothing prohibiting surrogacy, but at the same time, the government bans the practice of commercial surrogate motherhood. If a couple doesn’t succeed in finding a woman for “altruistic” surrogacy England, they will be forced to go to another country for a surrogate motherhood services.
Surrogacy in India
Surrogacy in India is very popular. Thousands of couples from all over the world come to a country with the only purpose - to find a surrogate mother. India is considered almost as Mecca of surrogate motherhood. From year to year, the number of surrogate mothers in this country is actively growing. For this reason, India has already managed to get the unspoken title of “the world center of surrogate motherhood.”
According to surrogacy laws in India, the newborn baby is immediately given to his genetic parents, and the surrogate mother does not have any rights to keep the child. The cost of Indian surrogacy is three times less than in Europe; however, the service and the level of medicine are not comparable as well. The success rates of surrogacy India are way lower, and the country itself cannot boast of the advanced level of medicine. Therefore, if you are considering India surrogacy, think of all the cons and nuances.
Surrogacy laws in India 2013 have tightened the rules for providing surrogacy services in India for foreigners. The Ministry of the Interior of India outlined the new rules that prohibit surrogate motherhood for homosexual couples. Now, only men and women who are married for more than two years can use the services of a surrogate mother. According to the legal aspects of surrogacy in India, only such foreign couples will get a visa to enter the country with the purpose of concluding a surrogate motherhood contract.
However, the latest news on surrogacy in India state that many gay couples from Europe, the United States, and Australia have become parents using the services of Indian surrogate mothers. The procedure is beneficial due to weak local legislation and lower costs on surrogacy Kolkata and surrogacy in Ghana compared with Western countries. Surrogacy laws in India 2016 make the control of couples resorting to surrogacy in the country stricter.
Mexico surrogacy is still a legal option for many couples, although the situation has significantly changed since the new laws were issued in 2016, with new risks and opportunities having emerged. The practice is regulated by state law rather than federal law — just like in the United States.
There is no federal law making surrogacy Mexico illegal. What is more, the practice of surrogate motherhood has only been legislated in two of the thirty-one states. But the absence of a prohibition for surrogacy in Mexico is not the same as legalization. For many years, Tabasco was the only state whose explicit laws supported surrogate motherhood. However, the situation changed at the beginning of 2016, when the state government has placed Mexico surrogacy ban in that state. At the current stage, surrogacy for foreigners is illegal in Tabasco, whereas other Mexican states still have no surrogacy legislation.
Surrogacy in Different Countries
The situation with surrogacy in different countries varies a lot and is far from being stable. Legislative acts regulating the practice of surrogate motherhood are being regularly issued, which changes the business. If you are considering international surrogacy and do not know what country to choose, find below the information about states you may consider for surrogate motherhood services.
Although surrogate motherhood is legal in the country, there are still some nuances to be aware of. According to the Scottish law, the surrogate mother is considered a legal mother of a child. If the surrogate is in the official marriage or in a civil partnership, then her husband is considered the second parent of the child. This fact excludes the chance of the intended parents from having any legal rights to the child.
According to the legislation of the Russian Federation, surrogate motherhood is a legal procedure in the country. Nevertheless, despite the fact that the state provides support to surrogate mothers in Russia and the surrogate motherhood institution itself, there are some “pitfalls.” The main problem is the definition of the “official” mother of a newborn; it is the woman who gave birth to a child. Genetic parents can obtain the official status only after the surrogate mother signs an official document on the child refusal.
Surrogacy in Thailand
Previously, there were no Thailand surrogacy laws regulating the practice of surrogate motherhood. However, the military country government has recently decided to put an end to commercial surrogacy, equating it with a criminal offense.
Gestational Surrogacy Singapore
While there are no laws that explicitly ban surrogacy in Singapore, it is still considered to be an illegal practice for health institutions to provide such services.
Surrogacy in Islam
Almost all Islamic states speak for artificial insemination in cases when the spouses cannot conceive a child in a traditional way. In this case, the husband's seed is placed in the uterus of the woman, where fertilization takes place. If the procedure goes beyond this scenario, artificial insemination is forbidden.
Why Is Surrogacy Illegal in Australia?
Australian laws do not prohibit surrogate motherhood; however, the procedure can be legally carried out on a non-refundable basis only. Based on existing surrogacy case studies Australia, the contract with surrogate mother excludes the possibility of paying a monetary reward to a woman carrying and giving birth to a child of other people.
Surrogacy Laws in Sri Lanka
There are no legislative acts that regulate or restrict surrogacy in the country. Therefore, many couples head to the country in search of a cheap surrogacy agency. Unfortunately, the level of customer service and success rates of the procedure are significantly low in Sri Lanka, which is associated with poor medicine standards.
Surrogacy Hong Kong
Commercial surrogate motherhood involves criminal liability according to the Human Reproductive Technology Ordinance of 2000. A surrogate mother is not allowed to bear a child for other people and get a monetary reward for it.
Is Surrogacy Legal in New Zealand?
Surrogacy legislation is quite complicated in New Zealand. Although the country government doesn’t pose any restrictions on the procedure of surrogate motherhood, the question of a newborn registration is challenging. Real official parents of a surrogate baby are those who gave birth to it, and not those whose genetic material was used for the conception.
Is Surrogacy Legal in Spain?
Surrogate motherhood is not explicitly prohibited in Spain, with no sanctions for the parties being involved. However, there are still some restrictions when it comes to assisted methods of reproductive medicine. Thus, for example, intended parents are not allowed to choose the sex of a child, choose egg donors themselves, use the biologic material of their relatives for conception, etc.
There are no clear laws regulating surrogacy in Poland, which means thousands of couples head to the country for health tourism.
The country government of Belgium allows only altruistic surrogacy, which presupposes no financial reward to a surrogate mother. Commercial surrogate motherhood is strictly prohibited by law. Good news is that there is a legal framework for parental rights transfer from a surrogate mother to the biological parents of a child.
Surrogacy in Sweden
All types of surrogacy are illegal in Sweden. The country government explains this decision with the risks and ethical aspects associated with the procedure:
- The womb-mother is exploited
- Unsavory people can get a child
- Unreliable people can try a baby and return it.
In the legal system of Cyprus, there are no legal acts regulating surrogacy, with no licensing scheme to control surrogacy arrangements. That’s why if you choose surrogacy programs in Cyprus, make sure to hire an attorney to lead the case and manage legal documents associated with the procedure.