The following countries allow specified types of surrogacy within their own jurisdictions. Where surrogacy is not allowed within a country, citizens of that country with a need will often engage in surrogacy in a country which does allow it (International/ Cross Border Surrogacy)

COUNTRY COMPENSATED UNCOMPENSATED
India Indians only
Mexico Yes but no legal protection
Ukraine Locals and heterosexual married foreigners
Georgia Locals and heterosexual married foreigners
Russia Locals and heterosexual married foreigners
Kenya Yes but no legal protection
Laos Yes but no legal protection
USA
(California, Maryland, Massachusetts, Ohio, Pennsylvania, South Carolina, Alabama, Arkansas, Connecticut, Illinois, Iowa, Nevada, North Dakota, Oregon, Tennessee, Texas, Utah, West Virginia)
Yes Yes
United Kingdom Yes
Canada (most provinces) Yes
Australia Yes
New Zealand Yes
South Africa Yes
Hong Kong Yes
Israel Yes

Countries in which no jurisdictions allow ‘in-country’ surrogacy

COUNTRY Prohibited
Austria X
China X
France X
Germany X
Italy X
Norway X
Sweden X
Switzerland X

 

What recognition will my government grant children through cross-border surrogacy citizenship?

COUNTRY Citizenship Legal Parental Status
Austria No
Australia Yes, awarded prior to exit from source country, based on DNA link No
China  No  No
France
Germany No
Italy No
Nigeria Yes
Switzerland No
Sweden Yes, social services starts an investigation with the district court . Takes months for biological parent to become legal guardian. other parent files for adoption
 UK  Yes Yes, via an application to High Court within 6 mnths of birth
USA Yes, awarded prior to exit from
source country,