International Surrogacy: Overview of surrogacy laws in different countries.

Surrogacy is by no means restricted to your country of origin. Today, the process has expanded to include a thriving global network that spans from North America to Asia, Europe, and Oceania. Many intended parents now opt for international surrogacy because the costs might be lower than they are in the United States. But while international surrogacy may be more affordable than domestic options, these avenues do require that parents assume more risk. Differing medical standards and regulatory requirements can make the international process far from straightforward. That being said, if you feel comfortable navigating the logistics and establish clear legal protections, you can certainly make international surrogacy work for you and your family.

Above all, I need to emphasize that the domestic and international surrogacy processes are different. They entail different laws, regulations, and restrictions from country to country. This is not a value judgment, so much as a reminder that you should take the time to understand the process, no matter which option you choose. To help guide your conversations, here is an overview of the primary leaders in domestic and international surrogacy.

North America

In the United States, surrogacy laws differ from state to state, which can create a number of logistical hurdles. You’ll need to have a clear understanding of your state’s surrogacy laws to fully understand your rights as intended parents. Generally, states like California and Illinois are known for their surrogacy-friendly laws, offering sound legal protection for intended parents. These states actively support the process, fostering a positive environment for surrogacy arrangements.

On the other hand, Canada takeshas a more uniform approach, in which compensated surrogacy is prohibited and altruistic surrogacy is the prevailing model. The legal landscape in Canada is more cautious, reflecting a commitment to ethics that ensures a more humane family-building process.

From a global perspective, the North American countries are generally seen as the most progressive and well-regulated partners for the surrogacy process. That being said, these added protections tend to come with more legal hurdles and increased costs, which can restrict your options for family planning.

Europe

The European nations all take a different approach to surrogacy laws. Some have established a legal framework that greatly resembles the United States and Canada, whereas others have more distinct surrogacy standards. The United Kingdom and Ukraine provide a strong contrast in what you might expect from the European surrogacy network. 

The United Kingdom favors altruistic surrogacy arrangements and prohibits commercial surrogacy. Here, intended parents can only cover reasonable expenses for the surrogate, a system somewhat similar to what you may find in Canada.

Ukraine, on the other hand, has emerged as a prominent destination for surrogacy due to a more open legal framework. Ukraine permits both altruistic and commercial surrogacy, offering a more accessible path for intended parents. The country's legislation explicitly addresses surrogacy, providing a comprehensive legal foundation for surrogacy arrangements.

These two countries reflect the differing values in the surrogacy process. England prioritizes ethical considerations and shies away from turning surrogacy into a market. On the other hand, Ukraine allows for more individualized approaches. What matters most is that you fully understand the regulations in the country you prefer.

Asia

Once a prominent surrogacy hub, India underwent significant legal reforms in 2018. The Surrogacy (Regulation) Act was enacted to prohibit commercial surrogacy while allowing altruistic surrogacy for Indian citizens with proven infertility. Foreign nationals and non-resident Indians were barred from seeking surrogacy services in India, marking a shift towards a more regulated and ethically driven approach.

Thailand, another popular surrogacy destination, implemented stricter regulations in 2015 following a series of high-profile cases. The Thai government enacted laws to address commercial surrogacy, imposing legal restrictions and penalties. The revised laws aimed to protect the rights of surrogate mothers and children, emphasizing the need for a genetic link between the child and at least one intended parent.

Countries like Thailand and India are undergoing significant transformations in their surrogacy laws to make their system more humane and consistently regulated. Because of the relationship between these ethical considerations and foreign nationals, you should take care to understand the process and stay current with these emerging frameworks.

Oceania

Australia has adopted a state-based approach to surrogacy laws, resulting in variations across different regions. While commercial surrogacy remains prohibited nationwide, altruistic surrogacy is legal in most Australian states, provided certain conditions are met. Similar to the laws in the United Kingdom, permitted regions like Victoria, New South Wales, and the Australian Capital Territory establish clear boundaries around providing surrogates with payments beyond reasonable medical and associated expenses.

However, Western Australia and Queensland have more restrictive laws, allowing only residents to engage in surrogacy arrangements within the state. You will need to know the rules of a specific Australian state to understand your rights as intended parents. 

Conclusion

Aspiring parents considering international surrogacy are urged to conduct thorough research, gaining a comprehensive understanding of surrogacy laws and regulations in the chosen destination. Because surrogacy laws are continuing to evolve at home and abroad, you need to make sure your approach can adjust to changes in the space. At the Nevada Fertility Institute, we believe that you should seek legal counsel early in the process to ensure you pursue an option that meets your needs.

International surrogacy offers a strong option for intended parents seeking a more affordable surrogacy option. That being said, the global landscape is often more complex and less intuitive than domestic options. If you are considering international surrogacy, take the time to understand the regulations surrounding your chosen country. Through an open conversation with your partner and legal counsel, you will identify the right choice for your family.