Where is surrogacy legal? Surrogacy is legal or permitted under certain conditions in many parts of the United States such as California, or Nevada and in a smaller number of countries around the world such as in Ukraine, Mexico, Georgia and Canada.
But legal does not mean the same thing in every location. The answer depends on whether compensation is allowed, who qualifies as an intended parent, and how legal parentage is established.
“Where is surrogacy legal” facts:
- There is no single global definition of where surrogacy is legal.
- Some countries have clearly defined surrogacy laws and established parentage processes. Others rely more heavily on court precedents, regional regulations, or the experience of local legal professionals.
- Surrogacy laws may differ depending on whether the type of surrogacy arrangement is commercial or altruistic:
- Some countries explicitly do not allow commercial surrogacy such as all EU Member States, Canada, Australia.
- Some countries permit only altruistic surrogacy arrangements, such as Canada and Greece (EU Member), Australia.
- Surrogacy laws may differ depending on whether the intended parents are:
- married, single, LGBTQ+, and what their citizenship is.
- The United States, Canada, and Mexico offer legal pathways for same-sex intended parents in some jurisdictions.
- Citizenship matters especially in an international journey. Intended parents need to understand both the law where the child will be born and the requirements for obtaining the child’s citizenship, passport and permission to travel home.
- Within a country, surrogacy laws may be determined at regional or national level:
- In the United States, surrogacy law is primarily determined at the state level.
- In the EU, each Member State decides about the majority of surrogacy laws.
- Canada, and Australia on the other hand, operate under a relatively clear national structure.
Our “where is surrogacy legal” breakdown
This guide explains:
- where surrogacy is legal, how laws differ across the United States, Europe, Canada, Mexico and Asia and what intended parents and surrogates should consider before choosing where to begin their journey*. When we look at surrogacy laws globally, surrogacy is legal or more defined in parts of North America, Europe, Australia and parts of Asia, and less legal or defined in South America, Africa.
This guide covers:
- Surrogacy in the US , Surrogacy in Canada, Surrogacy in Mexico
- Surrogacy in Europe: Surrogacy in the EU, Surrogacy in Ukraine, Surrogacy in UK
- Surrogacy in Asia: Surrogacy in Taiwan, Surrogacy in Hong Kong, Surrogacy in India, Surrogacy in Thailand, Surrogacy in Mainland China
Surrogacy in North America
Surrogacy in the US
Surrogacy is permitted in most of the United States but there is no single federal surrogacy law that governs every journey. Instead, it usually depends on the state where the surrogate lives and gives birth. State rules can affect whether a surrogacy agreement is enforceable, whether a surrogate may receive her compensation, and how the intended parents establish legal parentage.
Most surrogacy-friendly states, allowing commercial surrogacy are: California, Nevada, Illinois, Connecticut, Colorado. To learn more about the requirements in a particular state, read through our guide to US Surrogacy laws and explore the map on surrogacy laws to know differences in every state.
States that are considered surrogacy-friendly do not all follow the same rules. Each of these states has its own legal requirements and procedures, which may also vary depending on the circumstances of the intended parents. It is important to know that there is an established legal path for pursuing gestational surrogacy, with protections and procedures that are generally understood before the journey begins.
A useful way to understand surrogacy law differences are these five broad groups:
- Most Surrogacy-Friendly States
- Surrogacy-Friendly States
- Same Sex Friendly States
- Proceed With Caution Surrogacy State
- Proceed With Extreme Caution Surrogacy States
See the full map and list of states:
Surrogacy in Canada
- Commercial Surrogacy: Canadian law does NOT allow paying someone to be a surrogate. It also prohibits a third party to arrange a surrogate match under federal rules and regulations.
- Altruistic Surrogacy: Canada permits surrogacy on an altruistic arrangement. The Assisted Human Reproduction Act prohibits paying a person to be a surrogate, while federal regulation allows reimbursement of specified expenses when their requirements are met. Payment is only one part of the legal process. Intended parents also need to check the parentage and birth registration rules in the province or place where the child will be born.
Surrogacy in Mexico
- Commercial Surrogacy: There is no nationwide rule permitting or prohibiting commercial surrogacy in Mexico. Some states have specific regulations for surrogacy, while others lack clear legislation, which means that the process can vary depending on where the arrangement takes place.
- Altruistic Surrogacy: This type of surrogacy is possible under certain state-specific legal pathways, but should not be considered as generally available all throughout Mexico.
Before pursuing a journey in Mexico, intended parents need professional advice on the specific state, who may enter the arrangement, how compensation is permitted, how the child’s birth will be registered, and how parentage will be recognized in their home country for international surrogacy arrangements.
Our Mexico Surrogacy guide explores more of these details.
Surrogacy in Europe
Surrogacy laws vary widely across Europe. EU Member States decide individually about the surrogacy laws, while commercial surrogacy is not recognized across the whole of the European Union.
Surrogacy in the EU
Among the EU Member States, Ireland, Greece, Cyprus and Portugal have introduced laws for altruistic surrogacy. Greece is one of the few EU countries with an established legal process for altruistic gestational surrogacy. The arrangement requires court approval. A 2025 law also requires both the intended mother and the surrogate to reside in Greece, so Greece should no longer be presented as broadly open to intended parents living abroad.
Surrogacy in Spain is not a domestic legal pathway because contracts are invalid whether or not payment is involved. Surrogacy in France is also prohibited. Surrogacy in Italy is a criminal offense, and a law effective in December 2024 allows Italian citizens to be prosecuted for surrogacy arrangements carried out abroad.
Surrogacy in Belgium is not expressly prohibited, but there is no dedicated legal framework, which creates uncertainty around agreements and parentage. Surrogacy in the Netherlands is permitted on a non-commercial basis under certain conditions. Intended parents may reimburse a surrogate’s expenses, but promoting commercial surrogacy is prohibited.
Surrogacy in Ukraine
Located on the European continent though not part of the EU, countries such as Ukraine and Georgia allow gestational commercial surrogacy under specific conditions while others do not recognize surrogacy agreements at all. Read more about Surrogacy in Ukraine and Surrogacy in Georgia.
Surrogacy in United Kingdom
- Commercial Surrogacy: Commercial surrogacy is not allowed in the UK. It is illegal for individuals or agencies to arrange or negotiate surrogacy on a profit-making basis.
- Altruistic Surrogacy: Surrogacy is legal in the UK and surrogates may generally receive only reasonable pregnancy-related expenses. Surrogacy agreements are not legally enforceable, and the surrogate is considered the child’s legal parent at birth. Intended parents must apply for a parental order after the baby is born to become the child’s legal parent or parents.
Surrogacy in Asia
Surrogacy laws in Asia are generally more restrictive than in the United States. Several countries such as Thailand and Cambodia that were once popular destinations for International Surrogacy have since limited or prohibited the practice particularly of commercial surrogacy.
It is notable though that in some Asian countries, altruistic surrogacy is still allowed under strict eligibility and compliance to medical requirements.
Surrogacy in Taiwan
- Commercial surrogacy: Taiwan does not currently provide a legal pathway for a paid surrogacy arrangement. Its Assisted Reproduction Act does not provide for surrogacy, so intended parents should not treat Taiwan as a commercial surrogacy destination.
- Altruistic surrogacy: An unpaid arrangement is not currently an available legal alternative. Taiwan’s health authority says surrogacy cannot be carried out under the existing Act. Although changes to assisted reproduction law have been proposed, surrogacy was set aside for separate consideration.
Surrogacy in Hong Kong
- Commercial Surrogacy: The Human Reproductive Technology Ordinance prohibits compensation for a surrogacy arrangement in Hong Kong, including the payment for arranging one.
- Altruistic Surrogacy: It is possible to do altruistic surrogacy arrangements in Hong Kong under strict conditions. The intended parents must be married and meet the rules on whose gametes may be used in the procedure. They must also apply for a court order after birth to establish parentage.
Surrogacy in India
- Commercial surrogacy: Commercial surrogacy is prohibited in India. The surrogacy law in India does not allow a surrogate to receive payment or financial incentives beyond approved medical expenses, insurance, and other permitted costs.
- Altruistic surrogacy: Altruistic gestational surrogacy is domestically legal under strict conditions. It is available to eligible married Indian couples with a medical need for surrogacy, as well as certain Indian women who are widowed or divorced and meet the legal requirements.
Surrogacy in Thailand
- Commercial surrogacy: Commercial surrogacy is prohibited under Thailand’s current law. The 2015 legislation was introduced in part to prevent commercial arrangements and the exploitation of women and children.
- Altruistic surrogacy: Non-commercial surrogacy is permitted under specific conditions, but access remains limited under the current law. The existing framework was written for legally married opposite-sex couples and includes Thai nationality requirements.
Surrogacy in Mainland China
- Commercial surrogacy: There is no authorized clinical pathway for commercial surrogacy in Mainland China. The legal regulation of surrogacy prohibits medical institutions and medical personnel from carrying out any form of surrogacy procedure, including paid arrangements.
- Altruistic surrogacy: There is no authorized clinical pathway for unpaid arrangements either. The restriction on medical providers applies regardless of whether the surrogate receives compensation.
Surrogacy in Uganda
Surrogacy has been practiced in Uganda for more than 20 years. Compensated arrangements are the more common route, while altruistic arrangements also take place, often when a family member or friend carries for the intended parents. Uganda does not yet have a comprehensive surrogacy statute, so these practices should not be read as a blanket legal guarantee for every arrangement.
- Commercial surrogacy: Compensated surrogacy is common in practice. Intended parents and surrogates should have local counsel review the agreement, payments, and parentage process for their specific case.
- Altruistic surrogacy: Unpaid arrangements also take place, most often between people who already know one another, such as relatives or friends. Expenses and each person’s rights should still be documented clearly.
Where is Surrogacy legal? Summary
International Surrogacy Comparison
Some of the most commonly considered surrogacy destinations include the following:
- United States: Compensated surrogacy is permitted in many states.
- Mexico: Surrogates may receive compensation, although the legal process varies by state and jurisdiction.
- Georgia: Compensated surrogacy is legally recognized for eligible intended parents.
- Ukraine: Compensated surrogacy is legally recognized for eligible intended parents.
- Canada: Commercial surrogacy is not allowed. Surrogates may only receive reimbursement for eligible expenses
For a closer look at legal frameworks, costs, eligibility, surrogate compensation, travel considerations and support across these destinations, read through our International Surrogacy Comparison 2026 article.
Surrogacy is legal under certain conditions in several countries around the world, but the rules can look very different from one destination to another. A country may allow surrogacy while limiting who can participate, whether a surrogate can be compensated, or how intended parents establish legal parentage.
For intended parents considering international surrogacy journeys, the question is not only where surrogacy is legal, but whether it is legally available for their family and how predictable the process is in practice.
*It is important to remember that surrogacy laws change over time and that the rules that apply to one family may not apply to another. This guide should not be taken as a substitute to advice from a qualified surrogacy attorney in the relevant jurisdiction.
Where is Surrogacy Legal FAQs
Where is gay surrogacy legal?
Surrogacy is available to same-sex intended parents in several destinations, but access depends on the country’s laws and, in some cases, the state or region where the journey takes place.
Among the destinations compared in our International Surrogacy Comparison 2026, the United States, Canada, and Mexico offer legal pathways for same-sex intended parents in at least some jurisdictions. The United States has many surrogacy-friendly states with established parentage processes for LGBTQ+ families. Canada broadly recognizes same-sex intended parents, while access in Mexico can vary depending on the state and local legal process.
Georgia and Ukraine, on the other hand, currently restrict surrogacy to eligible married heterosexual couples.
Where is commercial surrogacy legal?
Commercial gestational surrogacy is legal in many U.S. states. However, surrogacy laws are set at the state level, so compensation, contracts, and parentage procedures can differ depending on where the surrogate lives.
Some states have clear laws supporting compensated surrogacy, while others place restrictions on compensation or certain types of surrogacy agreements. This is why intended parents and surrogates should always check the laws of the surrogate’s state before moving forward.
Outside the United States, compensated surrogacy is legally recognized in fewer countries.
Among the countries covered in our 2026 international surrogacy comparison:
- United States
- Mexico
- Georgia
- Ukraine
How to find reputable surrogacy agencies operating in legal jurisdictions?
Choosing a country or state where surrogacy is legal is important, but legality alone does not guarantee that every agency or provider operating there follows the same standards.
A reputable surrogacy agency should be able to clearly explain how your journey will work in the surrogate’s jurisdiction, including legal contracts, parentage, screening, compensation, insurance, escrow, and the responsibilities of everyone involved.
Read about Surrogacy Scams and Real Cases to learn what warning signs to look for before choosing an agency.
Is surrogacy legal in Australia?
Yes. Altruistic surrogacy is allowed in every Australian state and territory, while commercial surrogacy is prohibited.
A surrogate may be reimbursed for reasonable expenses. Eligibility and the process for transferring legal parentage depend on the state or territory, so intended parents need to check the rules where the arrangement will take place.
About SurrogateFirst
SurrogateFirst is a boutique surrogate agency specializing in quickly matching intended parents around the world with our fully-vetted, exceptional surrogates.
We help individuals and couples, regardless of race or sexual orientation, build their families through the miracle of surrogacy.
Every team member at SurrogateFirst is either a former intended parent or an experienced surrogate herself. We also have first-hand knowledge of what it takes to have an incredible, successful surrogate journey.
