Countries


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

Just like in Ukraine, surrogacy in Russia is legal, and the country has lots of experience and legal guarantees. Russia as a country has a stronger economy than Ukraine, and this doesn’t go unnoticed in terms of customer care and clinics.

In Russia, the process can be carried out by heterosexual couples and single parents, but here it is not necessary for the couple to be married or for a parent to contribute genetic material. We are the only law firm in the world to obtain Russian citizenship for newborns in cases with intended parents not genetically related to the baby. Therefore, we always succeed in returning to the couple’s home country without any complications and obtain recognition of the couple’s citizenship for the child through the “parentage and/or residency permission” clause (and/or other clauses depending on the home country’s legislation). For single parent cases, we are the only law firm in Europe able to achieve recognition of this parentage only and exclusively in favour of the intended parent, and consequently the child will not bear the name of the Russian birth mother.

Intraius’s founder has won, and continues to win, some of Russia’s most complex cases. Intraius has a headquarters in Moscow, allowing us to be right beside our clients every step of the way and in contact with clinics and surrogate mothers, which really helps our work when it comes to initiating court hearings and formalities in the home country (if it was the case).


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

Through various controversial events that have involved Spanish citizens and have sparked much political debate in Mexico, this country decided to grant the right to children born through surrogacy to Mexican citizens only.

Surrogacy is not legal across the whole country, just in the States of Tabasco and Sinaloa, and is only available to Mexican citizens.


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.