Anyone pursuing Surrogacy must understand the legal implications of where they plan to arrange it.
It’s important to know not only where Surrogacy is legal vs. illegal, but also which forms are allowed. Some countries fall into a “gray area” — neither legal nor illegal — which often leaves surrogates and Intended Parents (IPs) without protection.
This affects not only the success of the arrangement but also its legal, ethical, and financial outcomes.
Let’s first take a look at the most common forms of Surrogacy;
Gestational Surrogacy: The surrogate carries a pregnancy created via IVF, using the intended mother’s or donor’s egg and the intended father’s or donor’s sperm. She has no biological connection to the child. Most agencies, like Hatch, assist solely in Gestational Surrogacy journeys.
Traditional Surrogacy: The surrogate uses her own egg and donor or intended father’s sperm, making her the biological mother though she waives parental rights. Most agencies, including Hatch, only support Gestational Surrogacy.
There is no “right choice” between Gestational Surrogacy and Traditional Surrogacy, but it is important to understand the key differences as well as key implications of pursuing either form of Surrogacy.
Altruistic Surrogacy: The surrogate receives no payment beyond medical and pregnancy-related expenses.
Compensated Surrogacy: The surrogate is paid in addition to having expenses covered.
Regardless of where an IP lives it is more likely that their country either prohibits Surrogacy or that there is no regulation in place, making it risky to enter into a Surrogacy arrangement, than it being legal or regulated. This is especially applicable to those looking into Compensated Surrogacy, rather than Altruistic Surrogacy.
While it is impossible to list all countries that prohibit Compensated Surrogacy some of those are:
Just because a country prohibits Compensated Surrogacy it does not mean that IPs will be unable to find individuals, agents or even companies that still offer Surrogacy there. Extreme caution should be observed though as these are illegal arrangements that can have far-reaching, serious implications for IPs, some of which will be discussed later.
In some cases, Compensated Surrogacy is illegal but Altruistic Surrogacy is allowed, usually under very strict regulation. Some countries that allow for Altruistic Surrogacy arrangements include:
Altruistic arrangements that are allowed between others than family members or friends usually suffer from very long waiting times to match with a Surrogate (sometimes as long as 3-4 years).
IPs that are planning to pursue either Compensated or Altruistic Surrogacy still need to pay attention, as some countries only allow it for its citizens, meaning that foreigners are barred from entering into such arrangements. Further there might be limiting criteria, such as the civil status or sexual orientation of the IP/IPs, making a destination unfavourable for example single individuals and same-sex couples, the most notable example being Georgia (the country).
There are also countries where there is no consistent national regulation nor uniform rules in terms of Compensated Surrogacy, but where it might still be possible under legal uncertainty and a legal “gray area”. The most notable of those countries being Mexico, Colombia and Albania. In these cases, it is important to not only consider how achievable such an arrangement is in terms of legalities, but also other, sometimes long-term implications of pursuing that path to parenthood.
There are also examples of how such unregulated destinations quickly have become unfavourable (or even inaccessible) for some IPs in a very short period of time, most notably Greece which quite unexpectedly introduced residency requirements for pursuing Surrogacy there, as well as excluded single males and same-sex couples. These unexpected turns of events are always a risk for those pursuing Surrogacy in an unregulated or non-uniform destination.
Finally, some countries might even have laws prohibiting their own citizens from pursuing Surrogacy in another country, even if it is legal there, most notably Italy which introduced such a law back in 2024. This does not mean that it is impossible to pursue Surrogacy abroad, but there might be significant implications of doing so. Experienced and sound legal counsel is pivotal for those IPs.
These considerations are just overarching things to keep in mind, but let’s dive a bit deeper into additional consideration.
Considering the right destination for a Surrogacy journey should not only mean considering possibilities in terms of legal soundness or risk but also focusing on the human beings involved in the process. Every party of a Surrogacy arrangement deserves to be treated with respect and dignity, whether that be the IPs or Surrogate, as well as act by their own free will.
By pursuing Surrogacy where prohibited, or even where it might be unregulated or carried out in a “gray area”, there are risks of someone being exploited and taken advantage of. Legal representation might be unequal, education lacking and transparency very low. This leads to not only putting oneself, but also others, at grave risk. Unfortunately, many times the Surrogate is the one that is in the least favourable position between the agency and the IPs and others that might benefit unjustly from her acting as a Surrogate. Such arrangements seldom allow for the Surrogate and IPs to interact freely, adding additional suspicion to the motivation of the parties involved.
Surrogacy should be based on mutual trust, understanding, education and legal representation, to ensure the best interest of all parties. That framework does not simply exist because of good will, but rather because of years of advocacy and intent to build such a system and regulatory environment.
A great way to better understand the ethical framework is to educate oneself with organizations such as the Society of Ethics in Egg Donation and Surrogacy, as well as question agencies on their involvement in creating the best possible framework for the benefit of all.
Pursuing Surrogacy in an illegal, unregulated or non-uniform environment can lead to significant legal implications, beyond what has been mentioned above.
Even if IPs attain legal counsel that work in their best interest, it is impossible to predict the future outcome of the arrangement. As has been illustrated earlier in this piece, an unregulated environment can swiftly become a destination where Surrogacy is no longer attainable, or worse so no longer legal.
This creates uncertainty in many pivotal parts of the process, such as establishing parental rights or traveling back home with a child. It also creates risks for the Surrogate herself, who might find herself ending up having to care for the child born through the arrangement, as the IPs are not recognized as the legal parents of that child. It is not uncommon that those children end up in foster care.
IPs must also understand that the home country might have requirements on the arrangement or on the legal documents relevant for the arrangement to establish citizenship, even if everything “goes well” in the country where the Surrogacy arrangement was carried out. The process of being acknowledged as the legal parent of your child as well as attain citizenship should not be yearlong battles and bureaucratic mazes, but a straight-forward, safe approach to parenthood.
At this stage it might be hard to understand why any IPs would pursue Surrogacy somewhere where it is illegal or unregulated. At the same time, it is not an uncommon practice. The reason why IPs pursue this path is usually cost.
Surrogacy is not a cheap undertaking in any country, but more so in countries that have a legal framework in place, given that there is fair pay or reimbursement, equal legal representation etc. all driving costs upwards. The general living standard is usually also higher in these countries (the US, Canada, Australia, the UK etc.), meaning a higher cost of living.
Something that is usually not discussed are the potential high-cost scenarios of when a Surrogate arrangement or parental establishment process is not going well. Agencies and others that operate illegally or within an unregulated environment are less likely to discuss these potential costs. For example, paying for excess legal fees because of pro-longed processes or custody battles, not being able to return back home and thus having to pay for accommodation longer than expected as well as other immigration issues.
Even when being successful in returning home there might be delays in benefitting from social security, enjoying state aid and other very useful benefits as one arrives back home with a newborn child. The result being that something that was perceived, and presented, as very cost-efficient in the end becomes significantly more expensive because of these undeclared, potential issues.
IPs finding themselves to be residing in a country where surrogacy is either illegal or unregulated might find it very defeating to learn about the significant risks in operating in a “grey area” for making their dream of a family come true, be it in their own country or abroad.
With that said, there are safe, regulated and long-established destinations for Surrogacy, even for international IPs! Surrogacy not being legal in the country of residence does not mean that it is illegal to pursue surrogacy elsewhere, ideally where it is safe and sound to do so! Agencies such as Hatch have long experience in assisting IPs with such arrangements in a safe way.
Below we will take a look at those legal and/or Surrogacy “friendly” destinations.
There are many countries that have legalized Surrogacy, especially Altruistic Surrogacy; Canada, Australia, New Zealand, Thailand, Brazil, the United Kingdom etc. While some of these can cater to international IPs (Canada), most of them are restricted to only citizens (Australia, the UK etc.). This might be a great and legally safe option for those residing in any of those countries or being able to pursue international surrogacy there.
If you find yourself not being a citizen of one of those countries or being able to hold off on your dream of a family because of long waiting times, usually stretching over years of wait, there are other options were Compensated Surrogacy is allowed, mainly Ukraine, Georgia, Russia and the United States[1].
Between those states it is important to consider ethical aspects as well as aspects of accessibility. Removing the countries where it is questionable to pursue surrogacy ethically – Ukraine (because of on-going war with Russia) – or because of restrictions to who can pursue Surrogacy – Georgia (married, straight couples only), Russia (recent restrictions on international IPs), only the United States remains open and accessible to all.
In the United States there are no federal regulations on Surrogacy meaning that Surrogacy laws can vary from state to state. Surrogates and IPs in certain U.S. states experience complexities and challenges posed by legal, medical, and logistical barriers.
State surrogacy laws contribute to the modelling of the legal Surrogacy process. Because of this, both surrogates and IPs should look for surrogacy-friendly states with a supportive legal framework. Some states are more surrogacy-friendly (such as California), and others are less accommodating (like Wyoming).
Below is a great overview of how “Surrogacy friendly” each state is, based on three categories; Surrogacy friendly, Caution or Restricted/Prohibited.
As illustrated by the map above, most states in the United States are surrogacy-friendly, making them a great choice for both domestic as well as international IPs alike.
A handful of states present potential legal obstacles and require additional legal processes depending on the circumstance, which are described as “cautionary” states in the map above.
Lastly, only two states have highly restrictive surrogacy laws or refuse to enforce Surrogacy contracts, described as “restricted/prohibited” in the map above. Surrogacy is not advised in these states. Public policy on what is described to be the “commodification of Surrogacy arrangements” and what is believed to be “commercializing childbirth” is the reason for these restrictions, as well as other “moral and ethical” objections by lawmakers.
As mentioned before, those finding themselves living in these “restricted/prohibited” or “cautionary” states can still pursue surrogacy in another state or country, ideally where it is legal or regulated. The same goes for those that live outside of the United States but are unable to undertake surrogacy in their home country or unwilling to do it elsewhere because of legal uncertainty. Surrogacy in the United States is available for domestic as well as international IPs.
For international IPs there are additional, important considerations to pursuing a Surrogacy journey in the United States and crucial key factors in choosing the right agency for such a significant journey.
As mentioned above surrogacy laws differ by state, meaning that the legal process of parental establishment can also vary. There are two main routes to determine when and how IPs are legally recognized; commonly called a pre-birth order and a post-birth order. This has implications on the birth certificate as well as which party can make what medical decisions.
Pre-Birth Parentage Order is issued by a judge before the child is born. It establishes the IPs as the child’s legal parents immediately at birth. This is most common in surrogacy-friendly states such as California and Nevada. In some states it requires at least one IP to have a genetic link to the child, while it is not a factor in other states. That also applies to sexual orientation of the IPs.
Post-Birth Parentage Order is issued after the child is born. It transfers parental rights from the Surrogate (and her spouse if married) to the IPs. This is common in more restrictive states or states that simply do not allow pre-birth orders, such as Nebraska.
International IPs tend to favour a pre-birth order, as it might also get them home to their home country sooner rather than later. It is also pivotal in achieving a US passport, which is often one of many legal documents needed to return back home (albeit not always necessary depending on local laws and frameworks).
Overall international IPs need to be very diligent in their research before commencing a Surrogacy journey. There might be complexities to returning back home and achieving citizenship that the agency is not transparent about. It is always advisable to connect with local, legal counsel in the home country, even if the surrogacy arrangement does not take place there. For example, some attorneys might make recommendations for language in the surrogacy agreement or advise you to use a known donor to make the process locally more straightforward.
How smooth that process will be also heavily depends on where international IPs decide to pursue their journey. While many international attorneys are very comfortable with the United States as a destination, they might have very little insight or experience with other, newer and less regulated destinations. This might create obstacles in traveling home with your child or achieving citizenship once at home.
What is required for citizenship and how it is achieved is different from country to country, which is also why it is important to work with agencies that have a broad network of international attorneys as well as experience managing international IP journeys. Hatch has worked with IPs from over 55 countries and can connect international IPs to the best attorneys for Surrogacy in the United States.
Surrogacy is a powerful path to parenthood, but where you pursue it makes all the difference. Choosing a regulated, surrogacy-friendly destination is not just about avoiding risks — it’s about ensuring the safety, dignity, and well‑being of everyone involved, especially the surrogate and the child. In countries with clear laws and protections, IPs can move forward with confidence, knowing their journey is supported by a strong ethical and legal framework.
While unregulated or prohibited destinations may seem tempting due to lower costs or quicker timelines, the hidden risks — from legal battles to citizenship hurdles — often outweigh any perceived savings. With experienced guidance and the right support, you can pursue Surrogacy in a safe, ethical, and legally sound way that brings you closer to the family you’ve been dreaming of. Hatch is here to support IPs!
[1] There are additional countries that legally allow compensated surrogacy, but where legal recognition is evolving or non-uniform which is why they are not listed here, such as Colombia, Argentina etc.
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