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Countries Where Surrogacy Is Legal
Surrogacy — also known as gestational surrogacy, womb for rent, or gestation pour autrui — is a valid and regulated reproductive option in a limited number of countries. In this article, we clearly explain where it is legal, what types of regulations exist (altruistic or commercial), and the specific requirements in each jurisdiction. We also include links to Gestlife resources, where you can learn more about our programs, guarantees, and recommended countries for the process.
Introduction
Choosing surrogacy as a path to parenthood is a deeply personal decision that also requires a solid understanding of the legal framework. Each country approaches surrogacy differently: some prohibit it entirely, others allow only altruistic arrangements (with no financial compensation), while some permit commercial models where the surrogate is paid.
Therefore, selecting the right destination requires careful analysis of several key factors:
National legislation and legal precedents.
Permitted type of surrogacy (altruistic or commercial).
Legal recognition of the baby’s parentage.
Medical and legal guarantees, plus full process support.
At Gestlife, we have years of experience advising families around the world to find the program that best suits their personal, legal, and emotional needs.
1. General Legal Framework for Surrogacy
Before diving into each country, it’s important to understand the two predominant legal models in surrogacy:
Altruistic surrogacy: The surrogate is not paid beyond reimbursement for medical expenses and reasonable costs related to pregnancy.
Commercial surrogacy: The surrogate receives a previously agreed-upon compensation, under a legally supervised contract.
Another key aspect is parental recognition: some countries grant parenthood directly to the intended parents, while others require a post-birth judicial process.
2. Europe
a. Western Europe
At Gestlife, we have partnerships in Western Europe: explore programs in each country in our “Surrogacy in Other European Countries” section.
Surrogacy in other european countries
b. Eastern Europe
Ukraine: Commercial surrogacy allowed for foreigners; civil contract and immediate parentage recognition. (Kovalenko, I. Ukrainian Surrogacy Laws, 2021)
Georgia: Since 1997, allows commercial agreements; fast parentage process.
Armenia and Kazakhstan: Similar frameworks with strict medical screening requirements.
Gestlife operates directly in these countries with local offices and specialized advisors.
3. Asia and the Middle East
India: After several bans (2015), the 2021 Child Protection Act allows only altruistic surrogacy for married Indian couples.
Thailand: Banned for foreigners since 2015; residual permission for nationals.
Israel: Pioneer since 1996; state-regulated surrogacy initially only for Jewish Israelis, expanded in 2022 to same-sex couples and singles. (Parker, Claire. Israel’s High Court Opens the Way, The Washington Post, Jul 11, 2021)
UAE and Lebanon: Explicitly prohibited.
4. Oceania
Australia: Varies by state.
Victoria and Queensland: Allow altruistic surrogacy with compensation limits.
New South Wales and Western Australia: Similar frameworks.
New Zealand: Altruistic only, with medical cost reimbursement.
5. Risks and Unregulated Countries
Some destinations have a legal “grey area” where surrogacy is practiced without clear laws. This entails:
Lack of parentage guarantees.
Potential future legislative changes.
Complex nationality/passport recognition.
See our list of unregulated and high-risk countries where Gestlife advises against surrogacy processes.
6. Gestlife: Guarantees and Services
At Gestlife, we operate only in countries where surrogacy is legal, providing support in:
Medical screening and monitoring.
International legal consultancy.
Ongoing psychological support.
Infonow Guarantee for real-time file access.
‘Standard’, ‘Plus’, and ‘Premium’ programs based on your needs.