Surrogacy Legality: Understanding the Legal Landscape of Surrogacy

Where is Surrogacy legal

The legality of Surrogacy treatment varies from country to country and even within different jurisdictions of the same country.

It is crucial for Intended parents and Gestational Carriers to seek legal counsel and thoroughly research the Surrogacy laws in their specific state or country to ensure compliance with the applicable regulations and to protect their rights and interests.

Let’s consider together Surrogacy legal countries and its regulations and nuances.

Where is Surrogacy legal?

It’s important to note that the legal landscape surrounding Surrogacy is subject to change, and it is advisable to consult with an attorney who specializes in reproductive law to obtain the most up-to-date and accurate information regarding Surrogacy legality in a particular jurisdiction.

In general, there are three evident forms of Surrogacy legal perception (or prohibition):

  • Countries where commercial Surrogacy is legal (the most protected type of Surrogacy from the legal side)- US (California, Nevada, Illinois, etc.), Ukraine, Greece, Georgia, Israel, and some more.
  • Countries where altruistic Surrogacy is legal – UK, Canada, Australia, Netherland, Finland, etc.
  • Countries where Surrogacy is prohibited – France, Germany, Italy, Norway, Portugal, Sweden, etc.

Please, pay your special attention, even those countries where Surrogacy is legal, there may be specific requirements, regulations, or restrictions in place, such as the marital status of intended parents, the involvement of a gestational or genetic link, and the citizenship or residency requirements.

It’s really important to have professional legal help for the whole Surrogacy treatment.

Surrogacy in the USA: Is Surrogacy legal in all 50 states?

The USA has a state formation, each of which regulates their legal questions independently.

Surrogacy is not legal in all 50 states of the USA – the legality and regulation of Surrogacy vary from state to state, with some states having specific laws and others lacking explicit legislation on the matter.

General legal status of Surrogacy treatment in USA can be divided into the following ranges:

  • Permissive States

Surrogacy legal states have favorable laws and legal precedents that support and regulate Surrogacy. These states include California, Nevada, Illinois, Oregon, New Hampshire, and Delaware. In these states, both Traditional and Gestational Surrogacy arrangements are typically permitted and enforceable.

  • Restrictive States

Some states have restrictive laws that either prohibit or significantly restrict Surrogacy. These states include New York, Michigan, Louisiana, Indiana, Nebraska. etc. In these states, Surrogacy is either explicitly prohibited or the laws create significant obstacles.

  •  Unaddressed States

There are states that do not have specific laws addressing surrogacy. In these states, the legal status of surrogacy arrangements can be uncertain, and there may be no clear guidelines or regulations.

So such questions as “Is Surrogacy legal in the USA?” are a bit controversial because Surrogacy in the USA legal regulation varies on a state-by-state basis.

It is important to be attentive and have an extensive background in the legal sphere of each specific state where you are planning to start your surrogacy process.

Surrogacy in Ukraine: Legal Regulations

With its favorable legal framework and well-regulated industry, Ukraine offers a reliable and transparent process for those considering Surrogacy.

Surrogacy is fully allowed for heterosexual and married pairs with a valid medical indication for such a treatment.

Ukrainian law recognizes the intended parents as the legal parents of the child born through surrogacy. Upon the child’s birth, the intended parents are named on the birth certificate, establishing their legal parentage.

Ukraine has reputable medical facilities such as ADONIS Fertility International that has its own Headquarter in the USA, Colorado Springs to facilitate the start of Surrogacy process from over the sea.

Matching process and professional guidance throughout the Surrogacy journey  is totally ensured.

Your Surrogacy journey may start now!

Do not be afraid to make the first step.