Surrogacy around the world
The legal status of surrogacy country by country: where it is banned, where it is tolerated for lack of a law, and where it is allowed and paid.
Status as of 14 October 2026 · 82 countries documented
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Countries by category
Banned, including abroad 1
- ItalyA crime since 2004. Law 169/2024 (in force 3 December 2024) makes it a “universal crime”: up to 2 years in prison and a €1 million fine, even when the surrogacy takes place abroad. Source
Banned 30
- AlgeriaBanned under the 2018 Health Law.
- AustriaDe facto ban: assisted reproduction rules exclude the use of a surrogate.
- BulgariaBanned, with criminal penalties (Criminal Code arts. 182a and 182b).
- CambodiaBanned since 2016; surrogates have been prosecuted for human trafficking. Source
- ChinaBanned by health regulations (fines); a large underground market persists.
- CroatiaBanned under the Medically Assisted Reproduction Act (art. 31).
- EgyptBanned (medical ethics rules and Al-Azhar fatwa).
- EstoniaDe facto ban under assisted reproduction rules.
- FinlandAll forms banned since 2007.
- FranceAgreements void since 1994 (Civil Code art. 16-7); acting as an intermediary is a criminal offence.
- GermanyBanned; up to 3 years in prison for medical professionals involved.
- HungaryDe facto ban under assisted reproduction rules.
- IcelandAll forms banned.
- IndonesiaBanned: the Health Law restricts assisted reproduction to the married couple, with no third party.
- LithuaniaBanned under the Assisted Reproduction Act (art. 11).
- MalaysiaBanned (medical guidelines and fatwa).
- MoroccoBanned under Law 47-14 on assisted reproduction (2019).
- NepalSuspended by the Supreme Court since 2015, with no regulating law.
- NorwayBanned under the Biotechnology Act.
- PakistanDeclared un-Islamic and void by the Federal Shariat Court (2017). Source
- Saudi ArabiaBanned by religious and medical authorities.
- SerbiaAll forms banned.
- SlovakiaBan written into the Constitution (Constitutional Act 255/2025, in force 1 November 2025). Source
- SloveniaBanned: a woman intending to carry a child for others is excluded from assisted reproduction.
- SpainBanned under Law 14/2006 (art. 10). Since May 2025, consulates no longer register children born through surrogacy abroad. Source
- SwedenDe facto ban: excluded from the Swedish healthcare system.
- SwitzerlandBanned by the Federal Constitution; intermediaries and doctors can be prosecuted.
- TaiwanBanned under the Assisted Reproduction Act (2007).
- TunisiaBanned under the 2001 assisted reproduction law.
- TürkiyeBanned; agreements void and criminal penalties for altering a child's parentage.
No specific law 22
- ArgentinaNo law. In 2024 the Supreme Court found it contrary to law and the civil registry now requires a court order. Source
- BelgiumNo law; practised in a few hospitals, with parentage transferred through adoption.
- BoliviaNo specific law.
- ChileNo specific law.
- ColombiaNo law; the Constitutional Court has asked Congress to legislate and an international market is growing. Source
- CzechiaNo specific law; the practice is tolerated.
- EcuadorNo specific law.
- GhanaNo specific law.
- IrelandA 2024 Act allowing so-called “altruistic” surrogacy has been passed but is not yet in force. Source
- JapanNo law; the obstetrics society's guidelines exclude it.
- KenyaNo specific law.
- LaosNo legal framework; an underground market has been reported.
- LuxembourgNo specific law.
- NigeriaNo law; “baby factories” are prosecuted as trafficking.
- ParaguayNo specific law.
- PeruNo specific law.
- PhilippinesNo legal framework.
- PolandNo specific law; the woman who gives birth is the legal mother.
- RomaniaNo specific law.
- South KoreaNo specific law.
- UgandaNo specific law.
- VenezuelaNo specific law.
Allowed in so-called “altruistic” form 17
- AustraliaPaid surrogacy is a crime; New South Wales, Queensland and the ACT also punish it abroad.
- BrazilPayment banned; so-called “altruistic” surrogacy regulated by the Federal Council of Medicine.
- CanadaPayment is a criminal offence (2004 Act); only approved expenses are reimbursed.
- CubaSo-called “altruistic” surrogacy allowed by the 2022 Family Code.
- CyprusSo-called “altruistic” surrogacy allowed, with approval from a public body and a court.
- DenmarkSince 2025, parentage is recognised only if the surrogate was not paid. Source
- GreeceAllowed with capped compensation and a court order; limited to residents since Law 5197/2025. Source
- IndiaPayment banned since 2021; limited to married Indian couples on medical grounds.
- NetherlandsPaid surrogacy and its promotion are punishable; so-called “altruistic” surrogacy is tolerated in a few centres. A bill is under discussion.
- New ZealandOnly so-called “altruistic” surrogacy is allowed.
- North MacedoniaSo-called “altruistic” surrogacy allowed for resident married couples.
- PortugalA 2021 law allows so-called “altruistic” surrogacy but cannot be applied without implementing rules.
- South AfricaSo-called “altruistic” surrogacy allowed with prior High Court approval.
- ThailandPayment banned since 2015; limited to Thai couples. A bill opening it to foreign couples is under consultation (2026). Source
- United KingdomOnly so-called “altruistic” surrogacy is allowed (expenses paid); payment has been banned since 1985.
- UruguayAllowed since 2013, within the family and on medical grounds.
- VietnamAllowed since 2015 on “humanitarian” grounds, by a relative of the couple.
Allowed and paid 9
- ArmeniaAllowed and paid.
- BelarusAllowed and paid.
- GeorgiaAllowed and paid, including for foreigners.
- IranPractised and paid on the basis of fatwas since 1999.
- IsraelState-regulated since 1996; the surrogate receives payment approved by a committee.
- KazakhstanSince July 2026 limited to married Kazakh citizens; closed to foreigners. Source
- KyrgyzstanAllowed under the 2024 Health Law, with no medical-indication requirement.
- RussiaPaid surrogacy allowed, but banned for foreigners since December 2022. Source
- UkraineAllowed and paid since 2002 for married heterosexual couples; a bill banning it for foreigners is in committee. Source
Varies by territory 3
- MexicoNo federal law; only Tabasco and Sinaloa regulate it. In 2025 the Supreme Court recognised surrogates as victims in a case. Source
- United Arab EmiratesThe ban was lifted in 2023 (Decree-Law 17/2023); each emirate regulates the practice for non-Muslim couples. Source
- United StatesNo federal law: paid surrogacy is legal in most states (including California, New York since 2021 and Michigan since 2024).
Method and sources
Each country is classified under the law in force on the date shown, not under pending bills. “Altruistic” is the term used by the legislation concerned; it means surrogacy in which the surrogate is not paid but may be reimbursed for expenses.
Countries in grey have not yet been verified: this does not mean surrogacy is allowed there. Borders and country names come from Natural Earth and express no political position.
Main sources: European Parliamentary Research Service, “Surrogacy: The legal situation in the EU” (February 2025); national laws and rulings; specialist press cited country by country. This map is for information, not legal advice. Spotted an error or a change? Contact us (see “About”).