Navigating Surrogacy Abroad: A Guide To Countries Where Surrogacy Is Legal

“We came all the way from Australia to Georgia to share the family dreams… Thanks to Stork Service for their hard work and being a part of our happiness. “ Happy new parents, Harry and Lilly Downs

Have you started your surrogacy journey only to learn you face legal barriers in your country? Are you finding surrogacy is shockingly expensive in your country? Are you struggling to find a surrogate mother and need to expand your search? In cases like yours, it may feel like you have nowhere to turn but don’t despair. Your family still has options. International surrogacy can help you to access legal surrogacy affordably. 

International surrogacy offers growing families the ability to expand their family while protecting their legal and financial interests. Not every country has laws available for the surrogacy process, while others have outlawed surrogacy entirely. So you must choose the right country. If you are considering international surrogacy, here is a list of legal surrogacy countries

  • Argentina: Altruistic surrogacy is legal, but commercial surrogacy is banned. The legality of surrogacy is a bit murky and cases are handled individually. Adoption is required if there’s no biological link.
  • Australia: Altruistic surrogacy is legal, while commercial surrogacy is banned. Laws vary by state; some require proof of infertility or medical necessity.
  • Canada: Altruistic surrogacy is legal; commercial surrogacy is illegal. Surrogates have decision-making rights during pregnancy, while intended parents have rights post-birth.
  • Colombia: No formal surrogacy laws exist, but agreements without financial exchange are upheld. Intended parents must establish legal parentage, often through adoption if there’s no genetic link.
  • Georgia: Both altruistic and commercial surrogacy are legal, with intended parents recognized at birth. However, it’s only available for married heterosexual couples.
  • Greece: Altruistic surrogacy is limited to women with medical issues. Agreements require court approval to be enforceable, but intended parents are recognized at birth.
  • India: Only altruistic surrogacy is allowed for Indian citizens; commercial surrogacy has been banned since 2015. Access is restricted to married heterosexual couples proving infertility.
  • Israel: All surrogacy agreements need government approval. Limited altruistic surrogacy is permitted; same-sex couples and singles cannot access surrogacy.
  • Mexico: The Supreme Court ruled that states cannot ban surrogacy, but laws vary by state regarding access and the types of surrogacy available.
  • Portugal: Altruistic surrogacy is legal only for residents with medical necessity. Surrogates cannot be compensated, and agreements need approval from authorities.
  • Russia: Altruistic and commercial surrogacy is legal for married heterosexual couples, single women, and men but not for same-sex couples. Parents are recognized at birth.
  • South Africa: Altruistic surrogacy is legal for all couples, including same-sex couples. Agreements require High Court approval, with payments limited to medical expenses.
  • Ukraine: Both surrogacy types are legal, and intended parents are recognized from conception as the legal parents. Only married heterosexual couples can access it.
  • United Kingdom: Altruistic surrogacy is legal, allowing reasonable compensation. Surrogacy agreements are unenforceable, meaning surrogates retain parental rights until after birth.
  • United States: Surrogacy laws vary by state; California permits both types, while Michigan bans commercial surrogacy. Access restrictions differ, with some states allowing same-sex couples and singles.

Choosing the right country for international surrogacy involves more than just looking at legal surrogacy countries. There are further considerations.

Considerations When Choosing A Country For Your Surrogacy

When considering international surrogacy services, it’s important to be in a favorable country. Here are other important considerations beyond the legal status:

  1. Surrogacy Costs: Surrogacy is legally and medically expensive. Choose a legal surrogacy country with affordable healthcare and favorable laws to lower these expenses. Further, look at countries with lower costs of living to improve the surrogate’s quality of life during pregnancy.
  2. Fertility Care Quality: Surrogacy is a medically-intensive procedure. You must choose a country that offers advanced fertility care, highly trained specialists, and reputable fertility clinics.
  3. Travel Requirements: Once your baby arrives, you will have to travel to the surrogacy destination for the birth. Consider the travel costs and any cultural ties into your decision.
  4. Supportive Culture: Choosing a country that values motherhood and family can create a supportive environment for surrogates. When surrogacy is socially supported, it is easier to navigate the legal system, and the surrogates have a more enjoyable journey. 
  5. Parental Rights: Every country grants parental rights differently in surrogacy. Some offer intended parents full parental rights from conception. In these countries, the legal process is easier and more cost-effective as the laws do not consider the surrogate mother the legal parent.
  6. Surrogate Mother Relationship: Every family wants a different type of relationship with the surrogate mother. If you want to have a connection after birth, consider a location that is easy to visit to maintain that relationship.
  7. Highly-Rated Surrogacy Agencies: Surrogacy agencies handle everything. They adhere to local laws and regulations, provide quality care, and facilitate clear communication with all parties. If a country has reputable surrogacy agencies, it is a good option to consider.

Once you have evaluated the legal surrogacy countries, you can begin to interview international surrogacy agencies and assess their surrogacy services.

Contact Stork Services For International Surrogacy Support

“My husband and I had to go a very long way with the support of the Stork Service Center. Now the “result” is in our hands: a little son is our pride.”Happy new mother, Marina K.

At Stork Services, we specialize in international surrogacy. For over ten years, we’ve helped families connect with surrogate mothers. We’ve guided them through the fertilization process–whether traditional or gestational surrogacy–and ensured the mothers got the highest quality prenatal care in the world. Then, we handle all the legal and logistical planning so your family can focus on the joy and excitement of meeting your new baby and not the confusion of complex legalities. 

Ready to welcome a baby of your own to the world? Book a meeting with our surrogacy experts now!