Law Issues
There are a lot of couples all over the world which are willing to become parents but have not such ability due to different reasons.
It is exciting time when you take a decision to become parents. Since the time you took this decision you start to search for ways to implement you dream into reality. You search for the opportunity to have the family you always want.
It is known that for same-sex couples, surrogacy is a viable option to create a family. But this way have the other side, surrogacy is illegal or banned in many countries all over the world.
Even more unfortunate fact is that due to intolerance of the LGBT community many countries will not allow same-sex couples to have a child through surrogacy.
Many famous couples and singles, straight or gay, created their families through surrogacy, for example Elton John, Nicole Kidman, Sarah Jessica Parker and Neil Patrick Harris (and it is not the whole list).
For those interested in surrogacy, we have made a list in regards to surrogacy by countries.
Commercial Surrogacy involves a surrogate being paid to carry a child.
California, Arkansas, Texas, Massachusetts, Illinois (must be a married couple to have a baby via surrogacy).
Russia – for gay couples it is very difficult to use surrogacy process in Russia.
Ukraine – commercial surrogacy is allowed in Ukraine, however, you must be a married heterosexual couple.
State of Tabasco (Mexico) – recently Tabasco government officials stopped issuing birth certificates for couples using surrogates.
Thailand – Thai couples can have children via surrogate but they must be heterosexual and married for three years. Gay couples in Thailand cannot hire a surrogate.
Altruistic Surrogacy – is a process when a surrogate mother does not receive any form of payments for being a surrogate, except insurance, medical expenses, travel, time off from work, etc.
This form of surrogacy is available in:
Washington, Kentucky, Maryland, Nebraska, Michigan – commercial surrogacy is illegal and surrogacy contracts are not recognized. Florida – couple must be married to use a surrogate. Virginia, Utah – might be very difficult for same-sex couples to use a surrogate.
Canada
Belgium
Denmark
UK – surrogate is legally recognized as the mother, regardless if she is biologically related to the child or not. In the UK surrogacy contracts are not enforced.
Greece – it is forbidden for same-sex couples to use a surrogate.
Israel – there is a new bill, it appears that surrogacy may become commercialized and will be allowed for gay couples.
Netherlands – couples looking for a surrogate in the Netherlands cannot publicly announce (not even on social media) that they are looking for a surrogate.
Australia – in Tasmania, New South Wales, Victoria and Queensland it is allowed for gay couples to use surrogacy, in others Australian states it is forbidden. Some Australian states have requirements to be married or a single woman, or need a surrogate based on health reasons.
Surrogacy is Banned or Contracts are Prohibited within the Country
Arizona – surrogacy contracts are prohibited, surrogacy still occurs, Washington D.C., New Jersey, New York, Indiana.
Bulgaria
France
Germany
Italy
Portugal
Spain
Illegal to Go to Another Country for Commercial Surrogacy
Parts of Australia – in ACT, New South Wales and Queensland it is illegal to use commercial surrogacy in a foreign country.
Recognition of Foreign Surrogacy
France – surrogacy is banned in France, in 2014 France’s highest court officially granted legal recognition to surrogate children born in foreign countries. This means that surrogate children born abroad with French citizen parents will now be legally recognized as citizens of France.
Germany – in 2014, Germany’s Supreme Court handed out a ruling that granted children born of foreign surrogacy, legal recognition.
Spain – will recognize surrogate children born in countries where surrogacy is legal as Spanish citizens.
Non-recognition of Foreign Surrogacy
Some countries will not recognize you and/or your partner as the legal parents of child if you go to another country to have a child via surrogacy.
Portugal
Netherlands
Italy – technically, Italy does recognize foreign surrogacy.
Parts of Australia – some states allow for Australians to enter into a surrogacy agreement overseas, however, the Australian parents may not be recognized as the parents of their child born via surrogate if they enter into a commercial surrogacy.
No Laws/Regulation on Surrogacy
Ireland – surrogate who carries the child in Ireland may be put as the birth mother on the birth certificate. If a couple use an international surrogacy, they may have problems with Ireland recognizing the child as a citizen of Ireland.
Nepal – there is actually no law concerning surrogacy in Nepal, therefore, surrogacy contracts are not enforceable.
Does Not Allow International Surrogacy Within Their Country
Thailand – Thai government outlawed international couples or singles from hiring Thai surrogates.