Countries Where Surrogacy Is Legal and Regulated
Countries Where Surrogacy Is Legal
Surrogacy — also known as gestation pour autrui, womb for rent, or utero in affitto — is a reproductive alternative accepted and regulated in a limited number of countries. This article details, based on legal and safety criteria, the places where this practice is permitted, the types of regulations (altruistic vs. commercial), and the specific conditions of each jurisdiction. We’ll also include internal links to GestLife resources to explore programs, guarantees, and recommended countries.
Introduction
Choosing to undergo a surrogacy process involves not only medical and emotional aspects but also a deep legal understanding. Each country has its own legislation, ranging from total bans, through altruistic frameworks (with no financial compensation), to commercial models (where the surrogate is paid). Therefore, selecting the right destination requires analysis of:
National legislation and case law
Contract types (altruistic or commercial)
Recognition of parentage
Legal and medical support and guarantees
For more information about GestLife, visit the complete list of surrogacy countries: HERE
1. General Framework of Surrogacy Regulation
Before diving into specific countries, it’s important to distinguish two legal models:
Altruistic Surrogacy: the surrogate receives no payment beyond medical expenses and reasonable reimbursements.
Commercial Surrogacy: the surrogate receives agreed-upon financial compensation.
It’s also essential to verify whether the country directly recognizes parentage to the intended parents or if a post-birth court process is required. For more details on our international program operations: HERE
2. North America
a. United States: In the U.S., surrogacy regulation is determined at the state level. There are three main categories:
i. States permitting surrogacy without major restrictions: Florida, California, Illinois, Nevada, Maryland, Massachusetts, New Jersey, Oregon, Washington, among others
ii. States with restrictions: require the surrogate to be a resident or limit compensation
iii. States where surrogacy is prohibited or unregulated
iv. California: a pioneer in both commercial and altruistic surrogacy contracts. Recognizes parentage without the need for a court ruling (Lewis, Anne. Surrogacy Law in California, 2018)
v. Illinois: similar to California; high level of legal security
vi. New York: after the Child-Parent Security Act (2019), removed its historic ban and now allows court-supervised commercial arrangements
For a more detailed analysis, see this GestLife section HERE
b. Canada: Canada only allows altruistic surrogacy. In 2004, the Assisted Human Reproduction Act (AHRA) criminalized financial compensation (Smith, John. Canadian Surrogacy Regulations, 2020). Each province regulates specifics:
i. Ontario and British Columbia: clear reimbursement frameworks
ii. Quebec: fully banned since 2002 (although the federal government challenged the ban, it remains in effect)
iii. Contracts focus on reasonable expenses, legal consultation, and psychological support. For international couples, GestLife provides full support in clinic selection and legal guidance.
3. Latin America
Warning: In countries “without legislation” (e.g., Argentina, Uruguay before 2020), a legal void exists that may pose long-term risks.
Lawless countries where it is practiced
4. GestLife: Guarantees and Services
At GestLife, we operate only in countries where surrogacy is legal, offering support in:
a. Medical selection and monitoring
b. International legal advisory
c. Ongoing psychological support
d. Infonow Guarantee for real-time access to your case file: Guarantees
e. ‘Standard’, ‘Plus’, and ‘Premium’ programs tailored to your needs