Where is Commercial Surrogacy Legal in 2025? A Global Overview
Surrogacy has become an essential option for many intended parents worldwide, yet its legality varies significantly across different countries. While some nations embrace commercial surrogacy (where the surrogate receives compensation beyond medical and pregnancy-related expenses), others strictly prohibit it or only allow altruistic surrogacy. If you're considering surrogacy, it’s crucial to understand where it is legally permitted and what restrictions apply.
Countries Where Commercial Surrogacy is Legal
North America
- United States – Many U.S. states allow commercial surrogacy, with varying regulations. States like California, Nevada, and Illinois are particularly surrogacy-friendly.
- Mexico – Certain states, such as Tabasco and Sinaloa, permit commercial surrogacy, making it an affordable option for international intended parents.
South America
- Colombia – One of the few South American countries where commercial surrogacy is legally permitted with minimal regulations.
Asia & Central Asia
- Kazakhstan – Allows commercial surrogacy but only for heterosexual married couples.
- Kyrgyzstan – Reports suggest it may allow commercial surrogacy, but there is little regulation.
- India – Previously a major destination for surrogacy, India has now banned commercial surrogacy and only allows altruistic surrogacy for Indian citizens who meet strict eligibility criteria.
- China – Surrogacy, both commercial and altruistic, is completely banned in China. However, underground surrogacy arrangements exist, which are legally risky.
- Thailand – Previously a popular surrogacy hub, Thailand has now banned commercial surrogacy for foreigners, allowing only altruistic surrogacy for Thai citizens.
- Cambodia – Commercial surrogacy is banned, and there is no legal framework for any form of surrogacy.
Middle East
- Israel – Allows altruistic surrogacy but only for heterosexual Israeli citizens. Recent discussions have aimed at expanding access to single women and same-sex couples.
- United Arab Emirates (UAE), Saudi Arabia, Qatar, Kuwait, Bahrain, and Oman – Commercial surrogacy is strictly prohibited due to religious and ethical considerations.
- Iran – Allows altruistic surrogacy with some regulation, making it one of the few Middle Eastern countries with a legal framework for surrogacy.
- Lebanon – Lacks formal laws on surrogacy, though some cases have been reported in private medical practices.
Europe & Post-Soviet States
- Georgia – A popular destination for surrogacy, but it is only available to heterosexual married couples.
- Russia – Previously a leading country for surrogacy, but recent legislation has banned surrogacy for foreigners.
- Ukraine – Used to be a major hub for commercial surrogacy before the ongoing conflict. The legal framework still exists, but its viability is uncertain.
Countries Where Surrogacy is Prohibited or Highly Restricted
Europe
Most European countries have strict regulations on surrogacy, often allowing only altruistic surrogacy (where surrogates are not paid beyond reasonable expenses) or banning it outright.
- Countries where all forms of surrogacy are banned: France, Germany, Spain, Italy, Austria, Switzerland, Malta, and Norway.
- Countries that allow only altruistic surrogacy: UK, Denmark, Portugal, Belgium, Netherlands, Sweden, Finland, Ireland.
- Cyprus (Northern region only) – Allows altruistic surrogacy.
South America
- Brazil – Allows only altruistic surrogacy for close relatives.
- Chile, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela – Surrogacy is illegal or unregulated.
Why Do Countries Restrict Commercial Surrogacy?
Many countries prohibit commercial surrogacy due to ethical concerns, the risk of exploitation, and the lack of clear regulations to protect surrogates and intended parents. Some governments also worry about the commodification of reproduction and the potential for human rights abuses.
How to Choose a Surrogacy Destination?
If you're considering surrogacy, keep in mind:
- Legal Framework – Ensure the country has clear, legally binding agreements protecting both the intended parents and the surrogate.
- Citizenship Laws – Some countries do not grant automatic citizenship to children born via surrogacy.
- Cost & Accessibility – Countries like the U.S. are highly regulated but expensive, while Mexico and Colombia offer more affordable options with fewer legal hurdles.
Final Thoughts
Surrogacy laws are constantly evolving, so it’s essential to stay informed and consult with legal experts before pursuing surrogacy in any country. Whether you are an intended parent or a prospective surrogate, understanding the legal landscape will help you make an informed decision.