2025 Surrogacy Legal Countries, Surrogacy Laws & Price Comparison by Country

Surrogacy is a way to help people who are unable to have children on their own realize their dreams of parenthood. Surrogate mothers use their own bodies to conceive and deliver a child for someone else, a process that involves complex ethical and legal issues. Depending on the biological relationship, surrogacy is categorized into two types: gestational surrogacy and traditional surrogacy. In gestational surrogacy, the embryo is usually grown from the eggs and sperm of the commissioning parents, and the surrogate mother only provides the uterine environment so that the baby is not genetically linked to her, whereas traditional surrogacy uses the surrogate mother's eggs, making her biologically linked to the baby. In this paper, we will delve into the differences in surrogacy legal requirements, economic costs and operational procedures in different countries, revealing the regulatory and cultural uniqueness of each country. At the same time, we will answer common questions about surrogacy and clarify the importance of understanding these differences, as it is not only about legal compliance, but also about core issues of ethics and human rights protection.

Why compare surrogacy in various countries?

Many people choose to look for surrogacy services in other countries for a number of reasons including:

1. Legal restrictions:The legal regulation of surrogacy varies greatly from country to country. Some countries ban surrogacy altogether, such as France and Germany, deeming it unethical or potentially open to commercialized abuse, while others allow surrogacy but strictly regulate its forms and conditions, such as in the United States of America, where some states allow gestational surrogacy but prohibit traditional surrogacy. Still other countries are in a legal gray area, neither explicitly supporting nor prohibiting it, making it necessary to carefully weigh the risks against the legality. Understanding these legal differences is crucial, as violating local laws can lead to serious legal consequences, even affecting the child's nationality and identification.
2. Cost differentials:The cost of surrogacy varies from country to country, ranging from tens of thousands of dollars to over one hundred thousand dollars. In developed countries such as the United States and Canada, the overall cost is usually higher due to higher medical costs, legal procedures and compensation for surrogate mothers, while in countries such as Ukraine and India, surrogacy is relatively inexpensive, attracting many families with limited financial budgets. However, lower prices do not necessarily mean a better option, as risks of medical quality, legal safeguards or ethical issues may lie behind the cost differences. Therefore, a comprehensive understanding of the cost structure of each country can help families develop a reasonable financial plan.
3. Advanced technology:Some countries have more advanced reproductive medical technologies that offer higher success rates and safety for surrogacy. For example, the United States and Japan are global leaders in assisted reproduction, with in vitro fertilization (IVF) techniques and genetic screening tools that can significantly improve embryo health and pregnancy success rates. In contrast, certain developing countries, while inexpensive, may have outdated medical equipment and technology, increasing the likelihood of pregnancy failure or infant health problems. As a result, technological advantages have become one of the key considerations for many people choosing a surrogacy destination.
4. Eligibility conditions:Eligibility requirements for surrogacy clients vary from country to country. Some countries are more open and allow single-parent families or the LGBTQ+ community to realize their fertility dreams through surrogacy, such as the United States and Canada, while others limit the use of surrogacy services to heterosexual married couples, and even place additional restrictions on age, income, and more. Such policy differences directly impact the range of options available to specific populations, causing them to turn to more inclusive countries for help.

Understanding these differences helps people make better choices for their families. In the context of globalization, transnational surrogacy has become a trend, but the legal, economic, technological and cultural background of each country profoundly affects the actual operation and outcome of surrogacy. Only by fully understanding these differences can we maximize risk avoidance and ensure that the surrogacy process is safe, legal and tailored to the needs of the individual, while protecting the rights and interests of all parties involved, including the child, the surrogate mother and the commissioning parents.

Surrogacy laws in various countries

There are several important aspects to consider when comparing surrogacy across countries:

1. Legal framework:Attitudes and norms towards surrogacy vary significantly from country to country. Some countries, such as Russia and Ukraine, explicitly allow commercial surrogacy and have relatively well-developed regulatory systems in place, while France and Germany, for example, completely prohibit any form of surrogacy, considering it unethical or potentially exploitative. The United States, on the other hand, has one of the most complex legal frameworks, with regulations varying widely from state to state, such as California, which supports and protects surrogacy agreements, and New York, which has only gradually liberalized restrictions in recent years. Understanding these legal frameworks is crucial, as illegal practices can have serious consequences, including contractual invalidation, criminal liability, and disputes over the custody of the child.
2. Allowed types:The acceptance of forms of surrogacy varies from country to country. Commercial surrogacy, which allows the surrogate mother to receive financial compensation, is usually more common in India (although policies have been tightened in recent years), Ukraine and some US states, while unpaid surrogacy, which emphasizes that the surrogate mother is only reimbursed for the costs involved and receives no additional payment, is a model that has been adopted in the United Kingdom and parts of Australia. The choice of type involves not only financial costs, but also ethical controversies and legal risks.
3. Parental rights:Establishing the legal status of the commissioning parents is a central issue in the surrogacy process. Some countries, such as the United States, pre-establish the commissioning parents as the legal parents of the child through a court decision, thus avoiding subsequent disputes; in other countries, such as Japan and South Korea, the child born of surrogacy is initially regarded as the child of the surrogate mother, and requires a lengthy and complicated adoption process to transfer parental status. This difference has a direct impact on the stability of family relationships and the protection of children's rights and interests.
4. Eligibility conditions:Surrogacy services are not equally accessible to all populations. Many countries restrict the status of surrogate users; for example, China and Japan only allow married heterosexual couples to use surrogacy, while the United States and Canada are more inclusive, accommodating the needs of single-parent families and the LGBTQ+ community. Such policy differences reflect differences in socio-cultural values across countries and determine whether particular populations are able to realize their reproductive aspirations.
5. Surrogate Compensation:The rate of compensation for surrogate mothers varies from country to country, ranging from no compensation at all to high payments. While high compensation attracts more surrogate volunteers, it also raises ethical discussions about the "commercialization of the womb". In addition, some countries cap the amount of compensation to prevent exploitation. This makes affordability and ethical considerations important factors in transnational surrogacy decisions.
6. Migration:The ability of a child born through surrogacy to successfully obtain citizenship in the parents' country of origin is a complex but critical issue. For example, the United States applies the principle of jus soli, whereby a child automatically acquires United States citizenship by being born on United States soil, regardless of the surrogate, while other countries, such as France and Italy, may refuse to recognize the citizenship of a child born of a surrogate, leading to long-term legal difficulties for the family.

Detailed country-by-country comparison

Let's look at how surrogacy works in different countries. We will focus on laws, costs and eligibility.

Kyrgyzstan

• Legal Status: Legal.
• Permitted types: commercial.
• Cost range: $55,000-$70,000.
• Eligibility: open to single parents, heterosexual and LGBTQ+ couples.
• Unique feature: strong legal protection for commissioning parents.

In Kyrgyzstan, foreigners are permitted and admitted by law throughout the country. The country's Law on the Protection of Citizens' Health explicitly provides citizens with the right to choose surrogacy, regardless of marital status or health. This inclusive policy makes it one of the few countries in the world that accepts singles and the LGBTQ+ community. In addition, Kyrgyzstan has a clear legal framework that ensures the rights of commissioning parents and is open to accepting international clients. However, despite its relatively low cost, the level of medical technology and services may not be as good as in developed countries, and care needs to be taken in choosing an agency.

United States of America

• Legal Status: Legal (depending on state).
• Types permitted: commercial and gratuitous.
• Cost range: $100,000-150,000.
• Eligibility: open to single parents, heterosexual and LGBTQ+ couples.
• Unique feature: strong legal protection for commissioning parents.

In the United States, surrogacy laws vary from state to state. California is known for its pro-surrogacy policies, attracting a large number of international families, while New York State does not legalize commercial surrogacy until 2021, but retains strict restrictions. The high cost stems mainly from the high level of medical care, legal safeguards, and compensation for surrogate mothers. The U.S. has a well-developed legal system that provides strong safeguards, especially in establishing parental rights, but is more costly and suitable for commissioning parents with greater financial means.

Belarus

• Legal Status: Fully legal.
• Permitted types: commercial.
• Cost range: $40,000 - $60,000.
• Eligibility: married heterosexual couples only.
• Unique feature: high success rate and reasonable price.

Ukraine is a popular choice for the European surrogacy market with its clear legal framework, high success rates and relatively low costs. However, the country's policies are conservative and only allow married heterosexual couples to use surrogacy services. In addition, political factors such as war may affect the stability and safety of the surrogacy industry, and risks need to be assessed in advance.

India

• Legal status: Prohibited for foreigners.
• Types permitted: Formerly commercial surrogacy.
• Cost range: $20,000-$30,000.
• Eligibility: Indian citizens only under strict conditions.
• Unique features: once a global center, now banned due to exploitation.

India used to be a major destination for surrogacy globally, but due to frequent revelations of exploitation and ethical issues, the government imposed a complete ban on surrogacy services for foreigners in 2015. Currently, the use of unpaid surrogacy is restricted to Indian citizens under certain conditions, a shift that has significantly weakened India's position in the global surrogacy market.

Canadian

• Legal Status: Legal (gratuitous only).
• Type of permission: gratuitous.
• Cost range: $60,000-80,000.
• Eligibility: open to all family types, including LGBTQ+ couples.
• Unique feature: high priority is given to the well-being of the surrogate mother.

Canada permits unpaid surrogacy, with an emphasis on protecting the rights of surrogate mothers from the risks of exploitation associated with commercialization. Although more expensive, its inclusive policies and strong legal safeguards make it an option for many international families. However, finding volunteers willing to be unpaid surrogates can be difficult.

United Kingdom of Great Britain and Northern Ireland

• Legal Status: Legal (gratuitous only).
• Type of permission: gratuitous.
• Cost range: £12,000-20,000 ($15,000-25,000).
• Eligibility: open to all family types.
• Unique feature: lengthy legal process.

The surrogacy model in the UK focuses on ethics and transparency, but the complex legal process can lead to increased time costs. In addition, the surrogate mother is considered the legal mother of the child until a parental order is obtained, which adds to the uncertainty. Despite this, the UK's system of unpaid surrogacy is highly trusted.

Georgia

• Legal Status: Fully legal.
• Permitted types: commercial.
• Cost range: $40,000-$70,000.
• Eligibility: married heterosexual couples only.
• Unique feature: high success rate, but limited recognition of foreign nationality.

Russia is known for its high success rate, but policies are skewed towards traditional values, accepting only married heterosexual couples. In addition, the issue of recognizing the nationality of foreign-born children can pose additional challenges, requiring advance planning of migration paths.

Thailand

• Legal status: Prohibited for foreigners.
• Types permitted: Formerly commercial surrogacy.
• Cost range: $30,000 - $40,000.
• Eligibility: Thai citizens only.
• Unique feature: once popular, but now severely restricted.

Thailand was once a major player in the surrogacy field, but scandalous events in 2015 prompted the government to ban surrogacy services for foreigners altogether. Today, the use of unpaid surrogacy is limited to Thai citizens, making it almost impossible for the international market to participate.

Georgia (country)

• Legal Status: Fully legal.
• Permitted types: commercial.
• Cost range: $35,000-$50,000.
• Eligibility: open to international commissioning parents.
• Unique feature: emerging as an inexpensive alternative to Ukraine.

Georgia is rapidly emerging as a new hotspot for surrogacy, thanks to its relatively low cost and flexible policies. Although its reputation and experience are not as strong as Ukraine's, affordable prices and easy access have attracted a growing number of international families.

Mexico

• Legal Status: depends on the state.
• Permitted types: commercial.
• Cost range: $35,000-$50,000.
• Eligibility: open to heterosexual couples.
• Unique feature: Tabasco is the most pro-surrogacy state.

Surrogacy laws in Mexico vary from place to place, and the state of Tabasco is known for its pro-surrogacy policies. However, other areas may have gray areas that require careful study of local regulations.

Australia

• Legal Status: Legal (gratuitous only).
• Type of permission: gratuitous.
• Cost range: AUD 50,000-70,000 (USD 35,000-50,000).
• Eligibility: open to all family types.
• Unique features: similar to the UK; long and complex legal process.

Australia's system of unpaid surrogacy is similar to that of the United Kingdom in that it emphasizes ethics and transparency, but the lengthy legal process can be prohibitive. Despite this, its inclusive policies and legal safeguards are highly regarded.

Cost comparison by country

• Kyrgyzstan: US$ 55,000-70,000.
• United States: $100,000-150,000.
• Ukraine: $40,000-60,000.
• India: $20,000-30,000.
• Canada: $60,000-80,000.
• United Kingdom: £12,000-20,000 ($15,000-25,000).
• Russia: $40,000-70,000.
• Thailand: US$ 30,000-40,000.
• Georgia: $35,000-50,000.
• Mexico: US$ 35,000-50,000.
• Australia: AUD 50,000-70,000 (USD 35,000-50,000).

Ethical and cultural considerations

Surrogacy raises many ethical and cultural issues:

1. Exploitation:Are surrogate mothers treated fairly? The surrogacy industry is often questioned as to whether there is exploitation of women, especially in economically underdeveloped areas. Some critics argue that poor women may choose to become surrogate mothers due to financial pressures, which allows their bodies to be commercially exploited. In addition, the risk of exploitation is further exacerbated by the power imbalance in transnational surrogacy between the commissioning parents in developed countries and the surrogate mothers in developing countries. Supporters, however, assert that the rights of surrogate mothers can be safeguarded against unfairness, provided that the legal framework is sound and strictly regulated.
2. Religion:Some religions do not support surrogacy. Surrogacy is seen in many religions as contrary to traditional ethics. For example, the Catholic Church explicitly opposes any form of surrogacy, arguing that it interferes with the natural process of procreation and may disrupt the family structure. Islam, while permitting some forms of assisted reproductive technology, has a more conservative attitude towards surrogacy because it involves the genetic involvement of a third party and may be seen as a violation of the sanctity of marriage. These religious views have profoundly influenced surrogacy policies in many countries, leading to legal and cultural differences across the globe.
3. Commercialization:Is it right to pay women to get pregnant? The commercialization of surrogacy has led to heated debates about the "commodification of the body". Opponents argue that treating pregnancy and childbirth as a transactional act demeans women's dignity and can lead to children being treated as "commodities". Supporters, however, argue that as long as the surrogate mother participates voluntarily and is reasonably compensated, there is nothing wrong with this model and it even recognizes the value of women's work. Views on this issue vary from country to country, with some countries, such as Canada, banning commercial surrogacy, while the United States and Ukraine allow commercialization.

Challenges of international surrogacy

There are many challenges to using surrogacy in another country:

1. Immigration:Obtaining citizenship for a child can be difficult. In transnational surrogacy, the determination of the child's citizenship is often a major challenge. For example, some countries do not recognize a child born through surrogacy as a legitimate child of the commissioning parents, putting the child at risk of being "stateless". This problem is particularly acute when the commissioning parents are from countries that prohibit surrogacy.
2. Legal disputes:Sometimes there are disputes over parental rights. Cross-border surrogacy can give rise to complex legal conflicts, as surrogacy is recognized differently under the laws of various countries. For example, the country of the surrogate mother may recognize her as the legal mother, while the country of the commissioning parent advocates the opposite position, leading to protracted litigation.
3. Scam:Some agencies are dishonest and take advantage of people's trust. The international surrogacy market lacks uniform regulation, and some unscrupulous agencies attract clients with false promises or even abscond with the money. This puts both the commissioning parents and the surrogate mother at risk of financial loss and emotional harm.
4. Emotional stress:The entire process can be emotionally difficult for all involved. Both the commissioning parents, who are waiting for a child, and the surrogate mother, who has taken on the responsibility of conception, may face enormous psychological burdens. Cultural differences and language barriers in transnational surrogacy are more likely to exacerbate this stress.

Advice on choosing the right surrogacy country

Here are some suggestions for choosing the best surrogacy country:

1. Study of the law:Make sure you understand the legal framework. The legal requirements for surrogacy vary greatly from country to country, ranging from a total ban to strict regulation to full legalization. For example, the laws in the United States vary greatly from state to state, with California supporting commercial surrogacy, while New York State will not gradually liberalize restrictions until 2021. Therefore, when choosing a surrogacy country, it is important to understand in detail whether surrogacy is permitted under local law, the type of permissibility (commercial or uncompensated), and how parental rights are established, in order to avoid potential legal risks.
2. Work with a reputable organization:Choose a well-reviewed agency. The surrogacy process is complex and involves coordination between many parties, so it is crucial to choose a professional and reputable agency. Studies have shown that quality agencies not only have high success rates, but also provide transparent service processes and comprehensive follow-up support. In addition, cross-border surrogacy requires attention to language and cultural differences, so choosing an agency with international experience can better protect the rights of all parties.
3. Knowledge of parental rights:Know how to become a legal parent. In some countries, such as the United Kingdom and Australia, surrogate mothers are legally considered the child's mother initially, and the commissioning parents are required to go through an additional legal process in order to obtain parental status. In the United States, on the other hand, some states allow for pre-recognition of the legal status of the commissioning parent, thus reducing uncertainty. Therefore, understanding the parental rights determination mechanism in the target country is key to ensuring that the child's status is legal.
4. Budget additional costs:Include travel and legal expenses in your budget. In addition to the cost of the surrogacy itself, transnational surrogacy may involve additional expenses such as visas, travel, accommodation and legal advice. For example, in countries such as Ukraine or Georgia, the cost of traveling to and from and dealing with transnational legal matters can be significantly higher, despite the lower cost of surrogacy. Therefore, having a comprehensive budget plan can help avoid financial stress.

Frequently Asked Questions

1. Which country has the cheapest surrogacy?While India and Thailand used to be the cheapest due to non-prohibition, today Ukraine and Georgia are more affordable options. For example, Ukraine costs about $40,000-$60,000, while Georgia is $35,000-$50,000, well below the high costs in the United States. However, low prices may come with medical or legal risks that need to be weighed carefully.
2. Which countries allow surrogacy for LGBTQ+ couples?Kyrgyzstan, the United States, Canada and the United Kingdom allow LGBTQ+ couples to use surrogacy. These countries are known for their inclusive policies, but while the UK is limited to unpaid surrogacy, Kyrgyzstan, the US and Canada offer more flexible commercial surrogacy options, attracting a large number of international clients.
3. How long does the surrogacy process take in different countries?It usually takes between 12 and 18 months, depending on the country and individual circumstances. For example, the United Kingdom, with its complex legal process, can take longer, while California, with its efficient legal system, can take less time.
4. Can I take my surrogate-born child back to my home country?Yes, but you may need to go through the legal process to secure citizenship for the child. Some countries (e.g. France) do not recognize surrogacy, which may result in the child not being able to obtain a passport, and an immigration path needs to be planned in advance.
5. What are the risks of international surrogacy?Risks include legal disputes, immigration issues and emotional stress. Intercountry surrogacy involves different legal systems, with the possibility of disputes over parental rights; immigration issues may put the child at risk of "statelessness"; and emotional stress stems from the long wait and uncertainty.

reach a verdict

Surrogacy laws and costs vary widely from country to country. For example, the United States allows commercial surrogacy and has excellent legal protections, but costs can be as high as $100,000-$150,000, while Kyrgyzstan and Georgia attract international families with lower costs ($40,000-$60,000) and high success rates. The best choice depends on your needs, budget and circumstances, such as whether you accept unpaid surrogacy or specific eligibility restrictions. Additionally, intercountry surrogacy involves complex legal issues such as parental rights determination and acquisition of the child's nationality. Before beginning the process, be sure to consult with a legal expert to ensure compliance and avoid potential risks.