International Laws on Surrogacy

International Law for Surrogacy

Surrogacy is now became a procedure practiced worldwide. It is the last ray of hope for infertile couple and thus becoming a popular one among them. As we know, rules are very much important for smooth function of any of the procedures and surrogacy is also practiced under some of the legalities designed for its smooth functioning. There is a bunch of rules laid in India for practicing surrogacy in this sub continent.

The rules for practicing surrogacy differ from a state to another. Therefore, there are no internal set of rules designed for surrogacy. Parents coming for surrogacy in a particular country are required to stick to the laws designed by the host country. These laws differ from country to country. In some countries surrogacy is still not allowed, hence the parents looking out for surrogacy options can visit a country offering the services to foreign clients.

There are a few countries on the world map that has made surrogacy legal in their premises. Countries such as India, UK, Ireland, Denmark, USA, and Belgium allows surrogacy whereas countries like France, Germany, Italy, Spain, Portugal, as well as Bulgaria prohibits all forms of surrogacy in their country. This means one cannot attempt for surrogacy in these countries where the countries allowing surrogacy can only be visited if intended parents fulfilling the conditions designed by countries.

Surrogacy by Country 

  • India recognizes gestational form of surrogacy
  • Intended parents coming to India must require in a two years marriage heterosexually
  • Intended parents must have a medical visa that permits their reason of surrogacy from a renowned clinic
  • Same sex parents cannot opt for surrogacy in Indian subcontinent regions.

2 Australia

  • Availability of only altruistic surrogacy
  • It is a type of surrogacy wherein the surrogate is not given financial gain for carrying the child
  • Only out of pocket expenses are covered by intended parents that includes medical cost, travel etc
  • This form of surrogacy is permitted in Australia and new Zealand as well
  • The country do not permit advertisement or surrogacy and is considered to be illegal
  • If donors are involved in the procedure, they must be identified
  • Ethics committee approval often required
  • Foreigners cannot access surrogacy in Australia


  • The rules designed for surrogacy in this country are much similar to that of India
  • Foreigners can opt for surrogacy purposes in Canada as it is permissible just like India offers the services to its foreign clients
  • Altruistic form of surrogacy is available in this country also
  • Approval from ethics committees may be required sometimes for practicing surrogacy in Canada
  • The cost of surrogacy as compared to Indian subcontinent will remain a bit high in Canada


  • In this country, clinics will not provide you surrogates
  • Intended parents are then required to work with a third part to get surrogates for themselves
  • For gay couples and singles, legal protection of parentage is only available using a US or EU surrogate
  • Donors are easily available in this regions thus can be contacted if required
  • Donors are anonymous and thus no photos will made available for intended parents
  • The cost is a bit high in comparison with Indian subcontinent

All the countries listed above have some restriction or other. However, India is one of the countries that offer some freedom in terms of surrogacy by making available a surrogate on the terms required to intended parents. The cost is also affordable and couples can fly here easily on a medical visa for surrogacy purposes.