Surrogacy legality: Countries review

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Surrogacy as a kind of Assisted Reproductive Technologies is rather demanded service in different parts of the world. 

With the ever-growing popularity, there are more and more questions about the Surrogacy legality and legal nuances. 

Let’s consider this question and lead examples in the article. 

Surrogacy status in law

 Surrogacy is a kind technology that helps to overcome infertility. It implies a woman (a Surrogate) that voluntarily agrees to be pregnant in order to carry and give birth to a child biologically alien to her, which will then be given to other persons – genetic parents (Intended parents) – to raise.

Surrogacy legality and your fullness of the actions depend on the country you choose for such treatment. 

In general there are several types of permission which are: total permission, partial permission, non-regulated (so-called “gray zone”) status, total prohibition. 

Before being involved in the Surrogacy treatment, you need to carefully consider each fact of Surrogacy legality in the country you’ve chosen. Such an approach will help you to overcome possible problems in the future, such as documents obtained, paternity recognition or possibility to take a child abroad after the birth. 

Surrogacy legality in the world

In which countries Surrogacy treatment is legally allowed and in which is legally prohibited? 

Countries with fully allowed Surrogacy

Ukraine 

Almost all methods of infertility treatment are allowed in Ukraine, including surrogate motherhood. 

Ukraine is considered to be one of the most loyal and comfortable counties for Surrogacy because the rights of Surrogates, biological parents and the newborns are strictly protected by law. 

Ukraine is especially popular among foreigners that want to become parents with the help of Surrogacy treatment. The process of document processing is simple and understandable, it takes little time and the Intended parents can take the newborn home (abroad) almost right after the birth. 

Such clinics for Reproduction health as ADONIS Fertility International will help you with the Program selection and consultation in ADONIS USA Headquarter (Colorado Springs) which is an additional bonus for patients from other countries. 

USA

In the US, there is no general federal law that governs the implementation of Assisted Reproductive Technologies (ART) throughout the state, and the legal laws vary from state to state.

The method is legal in the states of California, Florida, and New York. While the usage of Surrogate services is prohibited in the states of Arizona, Michigan, and New Jersey. 

Georgia

Surrogacy has been legal in Georgia since 1997. Relations between the Intended parents and the Surrogate is regulated by the contract. Parental rights for the child belong to the biological father and mother, the Surrogate mother has no right to keep the newborn to herself.

Countries without Surrogacy legal regulation

Czech Republic

The laws of the Czech Republic do not prohibit the usage of the Surrogacy, but there are no clear regulations in this field.

There are many gaps in the legislation that complicate the procedure and force the adoption of a child after birth.

Netherlands

There are no laws regulating the field of Reproductive medicine, while Surrogacy is used on a non-commercial basis.

Mexico

As in the United States, Mexico has not developed a single law for all states. Surrogacy for a childless couple in Mexico is not prohibited by law, but it is not allowed either. There is no clear legal framework.

Countries with Surrogacy legal prohibition

Countries where carrying a child by another woman (the Surrogate) is prohibited include the following: Austria, Sweden, Spain, Germany, Poland, France, Italy, etc.

Be confident and informed to ensure your best Surrogacy treatment. 

Choose the most secure country for your treatment where Surrogacy is not only legal but open for everyone.

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