Surrogacy countries

Countries where surrogacy is legal


Gestational Surrogacy is currently possible in the following countries:

Ukraine

Ukraine is one of the countries where surrogacy is regulated in detail in national law.

In Ukraine, married heterosexual couples with fertility problems can carry out the process, provided that they contribute genetic material (at least one members of the couple). Normally, the male contributes the genetic material while the female proves the impossibility of or serious health risks associated with pregnancy by way of a medical certificate.

We have one of our headquarters in Kiev, and are right beside clients every step of the way. Being located in Kiev also allows us to have direct contact not only with our clients but also with clinics and, most importantly, with surrogate mothers. Once the child is born we may need various declarations from the surrogate mother, whether in relation to the adoption procedure in the couple’s home country, for parental recognition criteria at the couple home country’s embassy or even for maternity or paternity leave.


Georgia

This is another country where surrogacy is legal, with the exact same legal status as in Ukraine. However, there have been few cases of surrogate pregnancy in Georgia.


Russia

In Russia, surrogacy is regulated by law in a clear and detailed manner, both in its commercial and altruistic version. 

  • It is a country which, in addition to its legal security, offers ample medical guarantees.  
  • The quality of the clinics is very high and patients receive an exclusive and personalized treatment.  
  • Surrogacy is regulated by law and there is constant and peaceful jurisprudence in this subject.  
  • It is useful to be able to demonstrate infertility in order to access the program, however it is not strictly necessary.   

In addition to Russian citizens, foreigners have access to gestational surrogacy as well.

Although the law allows this practice only to heterosexual couples and single women, with consequent exclusion for single men and same-sex couples, since 2014 there have been numerous rulings of some Russian courts; which recognize the parenthood to single men, to protect the principle of equality and non-discrimination between the sexes.


Kazakhstan

The legal and de facto situation in Kazakhstan is very similar to that of Russia, however prices are similar to those in the United States, which makes it a somewhat unattractive country where there are hardly any cases of surrogacy.

USA

Surrogacy is legal in some USA, but not all of them. In most of these states, there is no surrogacy law; the child’s parentage is recognised by a judge during the surrogate mother’s pregnancy (usually during the sixth month). The judge bases their decision on the agreement of the parties and the precedents set by the US Courts (according to the Anglo-Saxon Common Law system). For this reason, it is essential to carefully choose the state where the surrogacy process will be carried out.

The USA is one of the pioneer countries in surrogacy. In fact, it was the first country in the world to recognise intended parentage in the surrogate pregnancy process. That is to say, is was the first country to change the classic idea of recognition (traditionally in favour of the birth mother), recognising legal parentage in favour of the parents who will raise the baby who, ultimately, are those who will educate, feed, and care for the child.

Any kind of client can carry out the surrogacy process, that is to say heterosexual couples, homosexual couples, single men or women and unmarried couples, and it is not necessary to contribute any genetic material.

Judicial decision and the application of ius soli (the right of minors to an American passport) are legal guarantees that, in some cases, can solve problems relating to registration or the child’s return to the home country.


Greece

Surrogacy has been legal in Greece for some years. Originally, only Greeks could use this means of assisted reproduction, but now the process is also open to foreigners. Greek law only grants women the right to surrogacy. No single men have this right – only heterosexual couples and single mothers. It is not necessary to contribute genetic material.

Greece is one of the few countries where parentage is decided by judicial decision, and therefore it is possible to recognize parentage of either both intended parents or just the single commissioning mother.


Mexico

Mexico is a federal state and each state has its own civil, criminal and prosecution code. Surrogacy is not regulated in all states, but only in Tabasco and Sinaloa where it is allowed only to Mexican citizens. In the other states it is not prohibited, it is simply not regulated and there are regulatory gaps.

In Mexico Distrito Federal, on the basis of what is established by the local civil code and the Mexican Constitution, a judgment (authorization) is obtained by granting to the interested parties the right to initiate a surrogacy program and predetermine the child’s filiation.

In other words, currently, in order to start a surrogacy in Mexico, it is necessary to request a judicial authorization and obtain the relative favorable sentence. From the beginning of 2019, favorable sentences are obtained without any problem despite the family typology, sexual orientation of the interested parties etc. Important elements to obtain authorization are not to have a criminal record and have an economic level that guarantees the child a decent standard of living. It is important to underline that Mexico is one of the countries in which ius soli is applied and therefore the newborn also obtains a Mexican passport as it is born in Mexican territory as it happens in the United States. It is so an interesting country because you get the same results and you have the same advantages as the USA, but at a significantly lower price.


India

Currently, only heterosexual married couples whose home country grants the right to surrogacy can follow this process in India. For this reason, it is not an option for many couples.

Thailand

This country has vetoed surrogacy, making the involvement of intermediaries, clinics, and individuals who carry out or participate in the process a criminal offence.

Conclusions

This is a summative description of each country. We invite you to contact us by phone for free no-obligation quote, and we will be happy to explain to you in detail the pros and cons of each country and help you to choose the one that is right for you. Each case is unique, and attention to detail during such a complicated process really makes a difference.