Surrogacy regulation in the world
Attitude to surrogacy in one country may differ greatly from that in another.
According to this criterion, all the countries are divided into the following groups:
1. Countries where surrogacy is prohibited
2. Countries where surrogacy is not regulated by the legislation
3. Countries where surrogacy is allowed only on non-commercial base
4. Countries where surrogacy (both commercial and noncommercial) is allowed and regulated by a number of legal acts
1. The countries where surrogacy is prohibitedare Germany, Italy, Sweden, Estonia, France, and Norway. What are reasons for it? Usually, surrogacy prohibition is based on moral and ethical and legal issues. It is important to notice that stricter restrictions on surrogacy and egg donation are typical of the countries where religion influence on social life is very strong. Different religions have different views on carrying a baby by another woman who is not his/her biological mother or on fertilization with the use of donated gametes. For the most part they have a negative attitude to these kinds of treatment. The issue is largely discussed. We hope that the attitude to it will change in the end.
2. In a number of countries surrogacy is not directly prohibited by law, but the lack of necessary legislative acts hinders its legal regulation. Consequently, an agreement concluded between a surrogate mother and the biological parents has no legal effect. For instance, surrogacy is not regulated in any way in Finland, Spain, and Greece.
3. In some countries such as England, the Netherlands, and Canada only non-commercial surrogacy is allowed. For example, the Holland system has a law under which a surrogate mother selection and assistance in surrogacy program implementation are considered a violation of the legal norms.
4. The last group includes the countries where surrogacy is absolutely legal and applied for infertility treatment. They are Russia, Ukraine, some US states and Kazakhstan.