What are the Surrogacy Laws in Different Countries?

Author: Mojdeh Jafarizadeh

Aug 25 2025
latest update: Aug 25 2025

A brief summary of the article:

Surrogacy laws are very different around the world. Some countries, like Iran, the United States, Ukraine, and India, allow surrogacy but have different rules. Other countries, such as France, Spain, Italy, Saudi Arabia, and the UAE, completely ban surrogacy due to religious or legal reasons. In the UK, surrogacy is allowed but only if it’s not for profit, and parents need court approval for their rights. Because of these differences, many people look for infertility treatment in Surrogacy legal countries for foreigners.

What are the Surrogacy Laws in Different Countries?

surrogacy is a modern solution for infertility treatment. However, the laws on this transformative assisted reproductive technology may vary significantly across countries. In some nations, like the United States and Iran, surrogacy is legal and even commercialized, while in other countries, such as France and Spain, it is completely prohibited. These legal differences mean people considering surrogacy must not only be medically prepared but also carefully research the surrogacy laws of the country where the procedure will be performed.

This article will delve into the surrogacy laws in different countries, including the USA, India, Iran, Turkey, and others, to help you make an informed, ethical, and legal decision.

Surrogacy Laws in Iran

Iran is a country with challenges regarding surrogacy. Although this treatment method is religiously and legally accepted, many people still oppose it. Most Shia clerics believe that if no religious violations (such as illicit sex) occur, surrogacy is permissible under Islamic law.

Although there is no precise or exclusive law for surrogacy in Iran currently. When deciding to perform surrogacy, a comprehensive contract drafted by a professional lawyer and supervised by an infertility treatment center is required. According to surrogacy laws in Iran, the child must be handed over to the genetic parents after the baby is born, and the surrogate mother will have no legal relationship with the baby.

Surrogacy laws in the United States

The USA is one of the most advanced countries in infertility treatment, particularly in surrogacy. The country has cutting-edge facilities and top clinics, and specialists in the field of infertility treatment.

Like many other laws in the US, surrogacy laws by state may vary. In most states of the USA, such as California, surrogacy is fully legal. However, some states may impose notable restrictions on surrogacy.

Additionally, the establishment of parental rights may differ from state to state in the USA. Some states allow for pre-birth orders that legally recognize intended parents before the child is born, while others necessitate a post-birth adoption process.

Surrogacy Laws in Saudi Arabia

In Saudi Arabia, the only legal fertility method is intra-marital fertilization using the sperm and egg of the married couple. Surrogacy is not only prohibited but is considered religiously forbidden (haram). Sunni religious scholars in the country strongly oppose surrogacy, deeming it contrary to Islamic law.

Surrogacy Laws in England (The United Kingdom)

The UK restricts surrogacy to a non-commercial model (Altruistic surrogacy). The surrogate mother is only reimbursed for pregnancy and medical expenses, and no additional payment is allowed. This law on surrogacy aims to minimize the involvement of intermediaries.

Child custody laws in the UK also differ from those of other countries. In the UK, the surrogate mother retains legal parental rights until a court order transfers them to the intended parents. As a result, many British couples travel abroad for surrogacy.

Surrogacy Laws in India

Until a few years ago, India was a global hub for surrogacy, attracting many international couples. However, recently, the country has limited surrogacy to Indian couples only and shifted from a commercial to a non-commercial model, prohibiting additional payments to the surrogate. This law was enacted to protect women from exploitation.

Surrogacy Laws in Italy

In Italy, surrogacy is completely banned. Whether commercial or non-commercial, surrogacy is illegal and punishable by law. According to current surrogacy regulations, the woman who gives birth is considered the legal mother, even if the egg came from another woman. This has led many Italian couples to seek surrogacy in countries like Ukraine or Canada.

Surrogacy Laws in China

China is one of the countries where surrogacy is prohibited. This law was passed in China in 2001, and since then, this practice has been illegal in all clinics and treatment centers in China. China has imposed severe penalties for violating this law. According to the Chinese government, the reason for this is to protect women's rights.

Surrogacy Laws in France

Like Spain, France bans surrogacy completely. Contracts between genetic parents and the surrogate are invalid, and participating in surrogacy process is a criminal offense. French authorities cite the protection of human rights as their rationale. This pushes many French couples to pursue this infertility treatment in other countries.

Surrogacy Laws in Turkey

Turkey, a predominantly Sunni Muslim country, prohibits surrogacy, which is not recognized under Turkish law. Neighboring countries like Iran have assisted many Turkish couples in seeking surrogacy abroad.

Surrogacy Laws in Egypt

The surrogacy process is considered illegal in Egypt and is not carried out under any circumstances. Religious scholars in this country are against the surrogacy process and consider it forbidden, and from this point of view, this process is problematic in Egypt both religiously and legally and is not carried out.

Surrogacy Laws in Malaysia and Indonesia

Malaysia and Indonesia, as two Muslim-majority nations, do not accept surrogacy. This infertility treatment is fully prohibited under their laws, based on Sunni jurisprudence, cultural concerns, and ethical beliefs.

Surrogacy Laws in the United Arab Emirates

In the UAE, surrogacy is also prohibited. Sunni clerics in the country view surrogacy as an impermissible third-party interference in reproduction. However, laws on surrogacy UAE are reportedly evolving.

Conclusion

Surrogacy remains a highly controversial method in many countries around the world. It is permitted in some nations like the USA, Ukraine, and Iran, while completely banned in others like Malaysia, Indonesia, China, Saudi Arabia, and the UAE. In some countries, surrogacy has become a commercial practice, drawing couples from abroad.

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Frequently Asked Questions on Surrogacy Laws by Country

1.Are surrogacy laws the same in all countries?

No, surrogacy is a new and challenging infertility practice, and the laws vary significantly across countries.

2.Where is surrogacy illegal?

Surrogacy treatment is banned in many countries, including Saudi Arabia, the UAE, Indonesia, and China.

3.Where is surrogacy legal?

Surrogacy is legal in countries such as the USA, Iran, Georgia, India, and Ukraine.

4.Is surrogacy allowed in Islam?

Surrogacy laws in Islam are a complex, with different views among scholars. Most Sunni scholars say it's not allowed, while some Shia scholars, particularly in Iran, may allow it under specific conditions, such as if it is done within a legal marriage.

Mojdeh Jafarizadeh

Mojdeh Jafarizadeh has completed her studies in English translation. She previously worked as an English language teacher and has been working as a member of the Raadina Health content-creating team for about 5 years. She collects information from reliable sources in English and Persian and writes articles on medical issues. Her articles are approved by nurses, midwives, and specialists who review the Raadina Health articles. She also reviews the English content created by other authors.