Where Is Surrogacy Legal? Surrogacy Laws by Country

Where is surrogacy legal? The short answer

As of October 2026, foreign intended parents can lawfully use surrogacy mainly in Canada, Georgia (the country), Colombia, parts of Mexico and the United States, though the US is now uncertain for parents with no US citizen. India, Thailand, Nepal, Cambodia, Russia and Kazakhstan have closed to foreigners, and Greece now requires residence. Your home country's law matters just as much.

Surrogacy law is changing faster than at any point in the last decade. In the past two years alone, Greece restricted access to residents (2025), Kazakhstan limited surrogacy to married Kazakh citizens (July 2026), Italy made surrogacy abroad a crime for its citizens (2024), Spain stopped registering foreign surrogacy birth certificates (2025), and Ukraine's parliament began considering a ban on most foreigners (August 2026). At the same time, Thailand is consulting on a bill that could partly reopen to foreign couples.

This guide is a map, not legal advice. It tells you which countries are realistic to research for international surrogacy, which are closed, and where your own nationality could create problems. Every legal claim below was checked against a primary or official source on the date shown, and we say plainly where we could not confirm something.

Surrogacy laws by country: summary table

The table below summarizes the legal position for foreign intended parents in each country we track. "Open to foreigners" means foreigners can lawfully take part; "Restricted" means access depends on residence, profile or a court; "Legally uncertain" means the law is silent, contested or changing; "Closed" means foreigners are excluded. Always read the linked country page first.

For costs, timelines and side-by-side eligibility for the open destinations, use our destination comparison hub and the international surrogacy cost guide.

Countries where surrogacy is legal for foreign intended parents

The countries most often considered by foreign intended parents in 2026 are the United States, Canada, Georgia, Colombia and Mexico, with Argentina, Cyprus and Greece now carrying significant legal limits. Each has a different legal basis, so eligibility, cost and how the birth certificate is issued vary widely. The summaries below are deliberately brief; each country page has the detail.

United States

There is no federal surrogacy law; each state sets its own rules. Most states now permit compensated gestational surrogacy, and many issue pre-birth or post-birth parentage orders that name the intended parents regardless of nationality, marital status or gender. It has the most developed parentage law and is the most expensive. But since Executive Order 14418 (6 August 2026), federal agencies are told not to issue US passports or Social Security numbers to babies born through paid surrogacy where neither intended parent is a US citizen; litigation is ongoing, and a 2 September 2026 injunction may not cover surrogacy births. Parents where one is a US citizen are unaffected. A small number of states still restrict or do not clearly regulate compensated arrangements, so the state where the surrogate gives birth matters. Read more in our guide to surrogacy in the USA for international parents.

Canada

Canada's Assisted Human Reproduction Act (2004), section 6, makes it a crime to pay a surrogate beyond reimbursing her eligible expenses. The federal Act contains no citizenship or residency requirement for intended parents, and parentage is handled under provincial law. Canada is open to couples of any gender and single people, but demand far exceeds the number of surrogates, so waits can be long. See Canada for international intended parents.

Georgia

Georgia allows compensated gestational surrogacy for heterosexual couples, and the intended parents are recorded on the birth certificate without a court process. Same-sex couples and single people are excluded. On 12 June 2023 the government announced a bill to bar foreigners from 1 January 2024, but it was withdrawn before its third reading on 15 January 2024 and never came into force. A new attempt remains the main political risk. Details: Georgia's surrogacy rules.

Colombia

Colombia has no surrogacy statute. Surrogacy is not prohibited, and the Constitutional Court has repeatedly recognized it and urged Congress to legislate, most recently in 2024 rulings. At least 16 bills have been filed and none has passed; bills filed in July and August 2026 would ban for-profit surrogacy or all surrogacy, and neither had passed a first debate when we checked. Parentage often rests on court processes. See our page on Colombia.

Mexico

Mexico has no federal surrogacy law. Tabasco and Sinaloa regulate it in their codes. In June 2021 the Supreme Court struck down Tabasco's Mexican-citizenship requirement (amparo en revisión 129/2019) and its "mother and father" wording, which excluded same-sex couples (action of unconstitutionality 16/2016). In February 2026 a binding criterion (Contradicción de Criterios 159/2025) set a court route: the agreement is ratified before a notary and reviewed by a judge before pregnancy. Most other states are silent, so the route to parentage still depends on where the baby is born. Read our Mexico surrogacy overview.

Argentina

Argentina has never passed a surrogacy law. Article 562 of the Civil and Commercial Code treats the woman who gives birth as the mother, and intended parents relied on court orders. In October 2024 the Supreme Court (Fallos 347:1527) held that, under current law, the woman who gives birth is the legal mother and a surrogacy agreement cannot displace that. Reports since describe more court refusals and some families stopped at exit. We rate Argentina as restricted and do not recommend it for international parents. See Argentina's legal position.

Cyprus

The Republic of Cyprus permits altruistic surrogacy under its Medically Assisted Reproduction Law 2015 (69(I)/2015), with prior court approval. A February 2025 European Parliament research briefing describes the law as requiring the intended mother to be resident and as not providing for single men or male couples. Much of the international activity marketed as "Cyprus" happens in the north of the island, which is outside any internationally recognized legal framework. See our Cyprus page before going further.

Greece

Greece regulated altruistic surrogacy in 2002 and 2005 with court approval before embryo transfer. A 2025 amendment (Law 5197/2025, article 46) requires the intended mother and the surrogate to be legally resident in Greece, and confirms that men cannot apply. In practice, Greece is no longer an option for non-resident foreigners. See Greece's current rules.

Countries that have closed or restricted surrogacy

Most bans on surrogacy for foreigners followed scandals over exploitation or stranded babies. India, Thailand, Nepal, Cambodia, Russia and, most recently, Kazakhstan have all excluded foreign intended parents. Ukraine still allows it in law but is at war and considering a ban. Agencies sometimes keep advertising after a ban, so always check the current statute.

Ukraine

Under Article 123 of the Family Code, when an embryo created by spouses is transferred to another woman, the spouses are the child's parents. In practice this limits surrogacy to married heterosexual couples with a medical indication. Two things now dominate: the full-scale war, with the UK Foreign Office advising against all travel to most of the country and the US State Department at Level 4 ("Do Not Travel"), and Bill No. 15507, registered on 10 August 2026, which would limit surrogacy to couples where both spouses, or in cases set by law one spouse, are Ukrainian citizens with three years' residence. The bill had not been adopted when we checked. We do not list Ukraine as a destination. Read our update on surrogacy in Ukraine.

Thailand

Thailand's Protection of Children Born through Assisted Reproductive Technologies Act (2015) bans commercial surrogacy and limits access to married couples where at least one spouse is Thai. After marriage equality took effect in 2025, the Ministry of Public Health drafted amendments that would admit married same-sex couples and some married foreign couples, on condition that the surrogate has the same nationality as one spouse. The draft was open for public comment from 2 to 31 July 2026. As of October 2026 it had not gone through Cabinet or parliament. Foreign couples cannot lawfully use surrogacy in Thailand today.

India

The Surrogacy (Regulation) Act 2021 bans commercial surrogacy, with penalties of up to ten years' imprisonment. It defines a "couple" as a legally married Indian man and woman, and an "intending woman" as an Indian widow or divorcee aged 35 to 45. Foreign nationals are excluded. The Act does mention couples "of Indian origin", and how it applies to Overseas Citizens of India has been read inconsistently, so anyone in that position should check directly with the relevant state authority. Rules amended in March 2023 and February 2024 changed when donor eggs or sperm may be used. In October 2025 the Supreme Court held that the age limits do not apply to couples who started treatment before the Act came into force.

Kazakhstan

Kazakhstan was one of the last compensated options in the region. In July 2026 the President signed amendments to the Code on Marriage (Matrimony) and Family, reported as taking effect on 26 July 2026, under which only married citizens of Kazakhstan may commission surrogacy. We could not confirm whether contracts signed before that date can still be completed. Anyone with an arrangement in progress should get local legal advice now.

Albania

Albania has no law that specifically regulates surrogacy, and it has been marketed internationally as a "gray zone". The Ministry of Health's draft law on sexual and reproductive health, which would have allowed only altruistic surrogacy for women who are medically unable to carry a pregnancy, met strong opposition, and we found no evidence that it has been enacted. Without a statute, parentage, exit documents and surrogate protections are uncertain. We do not recommend Albania.

Russia

Federal Law No. 538-FZ, signed on 19 December 2022, bars foreign nationals and stateless people from using surrogacy in Russia. The exception is a foreign national married to a Russian citizen. Russian courts have since convicted people involved in surrogacy arrangements on trafficking charges, according to press reports.

Nepal and Cambodia

Nepal's Supreme Court halted surrogacy services in August 2015, and later rulings confirmed that only infertile Nepali married couples may use it. Cambodia banned commercial surrogacy in 2016. It has since prosecuted surrogates themselves, including the 2024 conviction of 13 Filipino women, which shows how a ban can fall hardest on surrogates.

Kenya and Nigeria

Kenya's National Assembly passed the Assisted Reproductive Technology Bill in November 2025. It would allow only altruistic surrogacy for Kenyans and ban commercial arrangements. When we checked, it still needed Senate approval and presidential assent, and we could not confirm that it has become law. Nigeria has no federal surrogacy statute, and we could not verify enough primary material to describe its position reliably, so we do not cover it here.

United Kingdom and other European countries

In the UK, surrogacy is legal but altruistic. Surrogacy agreements are not enforceable, and the Surrogacy Arrangements Act 1985 makes brokering for profit a crime. Legal parenthood transfers through a court parental order after birth. The Law Commission recommended reform in March 2023, but in April 2025 the government said it would not take the recommendations forward for now. The UK is not, in practice, an option for non-residents.

Elsewhere in Europe, according to the European Parliament's 2025 research briefing, Ireland, Portugal, Greece and Cyprus have laws allowing altruistic surrogacy, with residence requirements, but Ireland's and Portugal's are not yet fully in force. The Netherlands criminalizes professional mediation in surrogacy and has had a bill on altruistic surrogacy before parliament since 2023. Belgium has no specific law. France, Germany, Italy and Spain prohibit surrogacy at home.

When your home country restricts surrogacy abroad

A destination's permission is only half the picture. Some countries criminalize their citizens or residents for surrogacy carried out abroad, notably Italy and three Australian jurisdictions. Others, including Spain, France and Germany, do not prosecute parents but limit how parentage from a foreign surrogacy is recognized. Check your home country's law first.

Italy: surrogacy abroad as a "universal crime"

Law No. 169 of 4 November 2024, in force since 3 December 2024, amended article 12 of Law 40/2004 so that an Italian citizen who arranges surrogacy abroad "is punished according to Italian law". The underlying offence carries three months to two years in prison and a fine of €600,000 to €1 million. It applies even where surrogacy is legal in the destination. Researchers writing in the Journal of Assisted Reproduction and Genetics (2025) question its fit with European human rights case law, but it is in force. We did not find a Constitutional Court ruling on it as of October 2026.

Spain: no registration of foreign surrogacy certificates

Spain bans surrogacy contracts at home. Following Constitutional Court judgment 28/2024 and Supreme Court judgment 1626/2024 of 4 December 2024, the Directorate General for Legal Certainty and Public Faith (DGSJFP) issued an Instruction dated 28 April 2025. It tells civil registries, including consulates, not to register parentage based on a foreign birth certificate or foreign judgment. Parentage must instead be established in Spain: biological paternity for a genetic father, then adoption for the other parent.

France: domestic ban, recognition through the courts

Surrogacy agreements are void under French law, and acting as an intermediary is a criminal offence. The courts, however, have moved towards recognizing foreign parentage judgments. On 3 July 2026 the Cour de cassation, sitting in plenary (appeals 24-50.028 and 24-50.029), held that a foreign judgment establishing parentage after surrogacy can be declared enforceable (exequatur) and recognized as parentage, not adoption, if the parties are identified and the surrogate's consent is shown. This is legal analysis of recent case law; French parents need specialist advice.

Germany: genetic link needed for recognition

German law prohibits doctors from performing surrogacy-related procedures and bans agency brokering, but does not punish intended parents. Since 2014 the Federal Court of Justice (BGH) has recognized foreign court decisions on parentage where at least one intended parent is genetically related. A decision reported in July 2026 (XII ZB 220/25), involving a Mexican court order where neither parent had a genetic link, refused recognition. That makes a genetic link effectively essential.

Australia: extraterritorial offences in three jurisdictions

Commercial surrogacy is a crime throughout Australia. In Queensland (Surrogacy Act 2010, sections 54 and 56, up to three years' imprisonment), New South Wales (Surrogacy Act 2010) and the Australian Capital Territory (Parentage Act 2004), the offence also applies to residents who enter commercial arrangements overseas. The Australian Law Reform Commission's review of surrogacy laws proposed in its 2025 discussion paper that these extraterritorial offences be repealed. Its final report, originally due by 29 July 2026, was reported delivered to the Attorney-General on 11 September 2026 and must be tabled by 18 November 2026; it had not been published when we checked.

Other home countries

Parents from the US, UK and Canada face no criminal ban for surrogacy abroad, but citizenship and parentage rules still decide how quickly the baby can travel. Our guide to citizenship, passports and parentage covers this in detail. Same-sex couples and single men should also read our guides for gay couples and single men, because eligibility narrows sharply for them.

International frameworks and debates

There is no binding international treaty on surrogacy. The Hague Conference paused work on a parentage convention in March 2026. A 2025 UN Special Rapporteur report called for surrogacy to be abolished, and the EU's 2024 anti-trafficking directive now names exploitation of surrogacy as a form of trafficking. Together these point to more restriction, not less.

Hague Conference (HCCH) parentage and surrogacy project

The HCCH has studied cross-border parentage and surrogacy since 2011. Its Working Group on a possible convention on recognizing judgments on legal parentage delivered its final report, and in March 2026 the HCCH Council on General Affairs and Policy decided not to move to a Special Commission (the negotiating stage) "at this stage". It asked the Permanent Bureau to monitor developments and report before its 2028 meeting. The HCCH stresses that its work neither supports nor opposes surrogacy.

UN Special Rapporteur report (2025)

In report A/80/158, dated 14 July 2025 and presented to the UN General Assembly in October 2025, the Special Rapporteur on violence against women and girls, Reem Alsalem, described surrogacy as a system of exploitation and violence. She recommended eradicating it in all forms, including through a binding international instrument. The report is an expert recommendation. It does not change any country's law, but it is cited in national debates.

EU anti-trafficking directive (2024)

Directive (EU) 2024/1712, adopted in June 2024 and amending Directive 2011/36/EU, adds "exploitation of surrogacy" to the forms of exploitation covered by EU anti-trafficking law. The European Parliament added this wording during negotiations. According to the directive's recitals, it targets people who coerce or deceive women into acting as surrogates, not lawful surrogacy as such. Member states had to transpose it by 15 July 2026. Separately, the European Commission's 2022 proposal for an EU parenthood regulation was still under discussion in the Council, according to the February 2025 briefing.

How to use this guide safely

Treat any country status as a snapshot. Before you sign a contract or pay a deposit, confirm the current law with an independent lawyer in the destination and another in your home country, check government travel advice, and make sure your home country will recognize parentage. Our editorial team reviews this page at least quarterly.

1. Start at home. Confirm whether your nationality or residence creates a criminal, recognition or citizenship problem, and whether a genetic link is required.
2. Check eligibility in the destination. Relationship status, sexual orientation, medical indication and residence rules rule many people out.
3. Read the statute, not the brochure. Ask any agency or clinic for the legal basis in writing, with the law's name and article, and have your own lawyer check it.
4. Plan for change. Ask what happens to your embryos, your surrogate and your contract if the law changes mid-journey, as it did in India, Thailand, Russia and Kazakhstan.
5. Put the surrogate's protections first. Independent legal advice, health insurance and fair, documented payments for the surrogate protect everyone, including your child.