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Surrogacy Options By Country

Deciding On Where To Engage

A key question for many is where to access surrogacy. If it is legal in your country and you can afford it and can locate a suitable surrogate, surrogacy in your home country is the ideal option. (see Countries Allowing Surrogacy)

Before choosing a destination, find out

  1. What legal protections if any does the jurisdiction offer to intended parents and surrogates?
  2. Is transfer of legal parentage available in the jurisdiction in question?
  3. What are the eligibility criteria for surrogacy (Do you need to be a citzen of that country? Is it available to single men? Gay couples? Unmarried heterosexual couples?)
  4. How long are the exit requirements post birth?
    Is surrogate compensation allowed?
  5. Is Health insurance available for the surrogate and any post birth complications?
  6. Are contracts legally enforceable?
  7. What Neo-Natal Intensive Care Facilities are available?
  8. What do these cost?
  9. Can the intended parent(s) be present at the birth?

Regulatory Issues Which May Be Relevant

  1. Is there a Medical Registry for updating the medical history of the surrogates or the children?
  2. Is there a registry for the surrogate and children to exchange information when the child reaches maturity?

The table below lists issues related to surrogacy in various countries which allow it.

Country Considerations Eligibility Experience
AUSTRALIA Altruistic. No surrogate matching.
Laws protect surrogates right to change her mind
Advertising for surrogates not legal
Ethics committee approval often required
Contracts not enforceable
Legal Parentage available Australians only, access to gay couples in some states Limited, ~20 births/year in recent years
CAMBODIA Compensated. No laws protecting the rights of surrogates or intended parents
Few IVF physicians.
Surrogates are from neighbouring countries (Laos, Vietnam, Thailand) Foreigners, any sexuality Very limited
CANADA Altruistic. Generous surrogate expenses allowed
Only some Canadian provinces Canadians and foreigners, any sexuality 15 years
CYPRUS-USA Low-cost IVF destination. Surrogate births cannot occur in Cyprus. Utilised for Hybrid programs
Advantageous for EU IPs & American IP’s wanting lower IVF costs Foreigners, heterosexual NA
GEORGIA Compensated Surrogacy heterosexual married couples, Georgians and foreigners 20 years
GREECE Altruistic Surrogacy heterosexual couples, Greek or foreign 13 years for Greek citizens, 1 year for foreigners
KENYA No surrogacy laws. Indian IVF physicians Foreigners, any sexuality <1 year for foreigners
LAOS No surrogacy laws Foreigners, any sexuality No experience
INDIA Compensated Surrogacy. Gender selection unavailable Indian citizens only 10 years
MEXICO No surrogacy laws. Changes to Tabasco laws has led to decline in US. Hybrid programs with California emerging Mexicans and foreigners, any sexuality 4 years
SOUTH AFRICA Altruistic surrogacy South Africans only, any sexuality ?
UK Altruistic surrogacy. Advertising for surrogates not legal UK Citizens domiciled there only >15 years
UKRAINE Compensated surrogacy heterosexual married couples – local or foreign 15 years
USA Compensated & altruistic US and foreign citizens, any sexuality (depending on State) >30 years in California