Countries Where Surrogacy Is Illegal: A Global Legal Overview

Surrogacy — the practice of a woman carrying a child for intended parents — remains one of the most complex areas of family law, especially as reproductive technology advances faster than legal systems in many countries. While some nations have embraced surrogacy under tight regulation, others have completely banned the practice due to ethical, religious, or social reasons.

In this article, we examine the countries where surrogacy is currently illegal, providing a region-by-region breakdown and the legal basis for such restrictions.

What Is Surrogacy?

Surrogacy typically takes two main forms:

• Altruistic surrogacy: Where the surrogate receives no financial compensation beyond medical expenses.

• Commercial surrogacy: Where the surrogate is paid beyond medical reimbursement, essentially turning the arrangement into a contractual service.

Some countries allow altruistic surrogacy while banning commercial surrogacy; others outlaw both.

Countries Where Surrogacy Is Completely Illegal (Both Altruistic & Commercial)

These countries prohibit all forms of surrogacy, and legal penalties can range from civil consequences to criminal charges.

1. France

• Status: All surrogacy is banned (Penal Code Article 16-7 and Civil Code).

• Legal stance: Surrogacy contracts are null and void. French citizens who pursue surrogacy abroad often face legal hurdles when trying to register the child.

2. Germany

• Status: Fully illegal under Embryo Protection Act (1990).

• Penalty: Offering, arranging, or participating in surrogacy can result in up to 3 years in prison or fines.

3. Italy

• Status: All surrogacy is banned under Law No. 40/2004.

• Notes: Italian courts have ruled against the recognition of children born via surrogacy abroad.

4. Spain

• Status: All surrogacy contracts are invalid (Law 14/2006 on Assisted Reproduction).

• Outcome: Surrogacy abroad is not recognized under Spanish law, creating legal limbo for many returning parents.

5. Switzerland

• Status: Surrogacy is completely banned under Federal Act on Medically Assisted Reproduction (FMedG).

• Notes: Even seeking surrogacy abroad may create legal issues for Swiss citizens.

6. Sweden

• Status: Illegal; not recognized under the Genetic Integrity Act.

• Policy: Surrogacy contracts are unenforceable, and parental rights cannot be transferred through surrogacy.

7. China

• Status: Illegal under the Ministry of Health regulations (2001).

• Notes: Although a black market exists, surrogacy is banned in all forms, and medical professionals can face disciplinary action.

8. Nepal

• Status: All forms of surrogacy banned since 2015 Supreme Court decision.

• Context: The ban followed the exploitation of surrogates and lack of regulation during Nepal’s brief surrogacy boom.

9. Pakistan

• Status: Surrogacy is not legally recognized and is considered un-Islamic by religious authorities.

• Legal status: No formal law, but religious fatwas and judicial interpretations effectively prohibit the practice.

10. Saudi Arabia

• Status: Surrogacy is forbidden under Islamic law.

• Explanation: Surrogacy is considered a violation of lineage and inheritance principles in Sharia law.

11. United Arab Emirates

• Status: Surrogacy is strictly prohibited under Federal Law No. 7 of 2019.

• Penalty: Engaging in surrogacy can result in imprisonment and heavy fines.

Countries Where Commercial Surrogacy Is Illegal (Altruistic Allowed)

These countries allow altruistic surrogacy only, with strict guidelines. Commercial surrogacy is a criminal offense.

1. United Kingdom

• Allowed: Altruistic only.

• Prohibited: Commercial surrogacy under Surrogacy Arrangements Act 1985.

2. Australia

• Allowed: Altruistic (varies by state).

• Illegal: Commercial surrogacy across all states.

• Extra: Some states criminalize Australians seeking commercial surrogacy abroad (e.g., Queensland, New South Wales).

3. Canada

• Allowed: Altruistic surrogacy under Assisted Human Reproduction Act.

• Penalty: Commercial surrogacy can result in $500,000 fine or 10 years imprisonment.

4. India (as of 2022 amendments)

• Allowed: Altruistic surrogacy only for married Indian heterosexual couples.

• Prohibited: Commercial surrogacy banned under Surrogacy (Regulation) Act, 2021.

• Foreign nationals: Not allowed to commission surrogacy in India.

Summary by Region

    Europe

• Most restrictive region.

• Many EU countries ban surrogacy completely or allow only altruistic forms with strict legal limitations (e.g., UK, Netherlands).

    Asia

• Diverse legal landscape:

  • Fully banned: China, Nepal, Pakistan.

  • Altruistic-only: India (as of 2021).

  • Loopholes previously exploited in Thailand and Cambodia, but those have been closed.

    Middle East

• Heavily restricted due to religious grounds.

• Most countries follow Sharia law and consider surrogacy impermissible.

    Africa

• Mixed laws; most countries have no formal legislation, which makes surrogacy either a grey area or governed by religious/cultural norms.

• South Africa: One of the few African countries with legal, altruistic surrogacy allowed.

Why Do Countries Ban Surrogacy?

• Ethical concerns: Exploitation of women and commodification of children.

• Religious reasons: Islam, Catholicism, and Orthodox Christianity often oppose surrogacy.

• Legal uncertainties: Parentage, nationality, and custody issues arise when surrogacy is unregulated.

• Historical abuses: Cases of abandoned babies or mistreated surrogates (e.g., Thailand 2014, India 2015) have led to bans.

Global Trends

Conclusion

Surrogacy remains a controversial and highly regulated practice across the globe. Countries like France, Germany, and China have completely outlawed it, while others like Canada and the UK permit only altruistic surrogacy under tight restrictions. Understanding local laws is critical for intended parents, especially when navigating international surrogacy, which can result in complex legal challenges and unforeseen risks.

Anyone considering surrogacy should seek qualified legal guidance and understand not only the law in their country but also in the country of the surrogate — especially as more nations move to clamp down on unregulated or commercial arrangements.