Global Surrogacy Regulations: A Comparative Analysis of Legal Systems


An Overview of Global Surrogacy Regulations

Surrogacy, an arrangement where a woman carries and gives birth to a child for another person or couple, offers hope to many who are unable to conceive or carry a child. This process, however, is governed by a complex array of legal regulations that vary significantly around the world. This article provides a comparative analysis of surrogacy regulations within different legal systems.

United States: A Patchwork of State Laws

In the U.S., surrogacy laws are largely determined at the state level, resulting in a patchwork of regulations. Some states, like California, fully permit surrogacy and provide clear legal procedures for securing parental rights. Others place varying restrictions on surrogacy or, in some cases, ban it outright, underscoring the importance of understanding local laws when considering surrogacy in the U.S.

Canada: Focusing on Altruism

Canada's Assisted Human Reproduction Act permits altruistic surrogacy, in which surrogates can be reimbursed for pregnancy-related expenses but not paid for their services. The processes for establishing intended parents' legal parenthood can vary by province, emphasizing the role of legal advice in Canadian surrogacy journeys.

United Kingdom: Restricting Commercial Surrogacy

The UK allows surrogacy but strictly regulates it. Only altruistic surrogacy is permitted, with surrogate mothers allowed to receive payment for "reasonable expenses" only. Importantly, UK law considers the surrogate mother as the legal mother at birth, with intended parents required to obtain a parental order to secure legal parenthood.

Australia: State-based Regulations Similar to U.S.

Australia's surrogacy laws are determined by state and territory jurisdictions. While commercial surrogacy is illegal nationwide, altruistic surrogacy is allowed but regulated differently across regions. Legal pathways for intended parents to secure parentage are also state-specific.

India: From a Global Surrogacy Hub to Strict Regulations

Once a popular destination for surrogacy due to low costs and relatively permissive laws, India tightened its regulations significantly with the Surrogacy (Regulation) Bill, 2020. Now, surrogacy is limited to altruistic arrangements for specific married Indian couples, excluding single parents, same-sex couples, and foreign intended parents.

Conclusion: The Imperative of Understanding Legal Frameworks in Surrogacy

The international landscape of surrogacy laws is complex and diverse, emphasizing the necessity of a comprehensive understanding and professional guidance. Before embarking on a surrogacy journey, it is crucial for intended parents and surrogates to become well-informed about the laws applicable to their specific circumstances.

If you are looking for the best surrogacy attorney and agency in Colombia and Latin America, we highly recommend you use Maria Fernanda, with the firm Bioetica Derecho. We do not recommend you work with any other surrogacy attorney or agency in Colombia. To reach out to Maria Fernanda click here.

For more comprehensive information on surrogacy options and to navigate the complexities of surrogacy laws, visit For those ready to start their surrogacy journey, a detailed guide is available for download at With the right knowledge and professional guidance, your surrogacy journey can be both legally secure and emotionally rewarding.

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