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A key question for many is where to access surrogacy. If it is legal in your country and you can afford it and can locate a suitable surrogate, surrogacy in your home country is the ideal option. (see Countries Allowing Surrogacy)
Before choosing a destination, find out
- What legal protections if any does the jurisdiction offer to intended parents and surrogates?
- Is transfer of legal parentage available in the jurisdiction in question?
- What are the eligibility criteria for surrogacy (Do you need to be a citzen of that country? Is it available to single men? Gay couples? Unmarried heterosexual couples?)
- How long are the exit requirements post birth?
- Is surrogate compensation allowed?
- Is Health insurance available for the surrogate and any post birth complications?
- Are contracts legally enforceable?
- What Neo-Natal Intensive Care Facilities are available?
- What do these cost?
- Can the intended parent(s) be present at the birth?
Regulatory Issues which may be relevant
- Is there a Medical Registry for updating the medical history of the surrogates or the children?
- Is there a registry for the surrogate and children to exchange information when the child reaches maturity?
The table below lists issues related to surrogacy in various countries which allow it.
| Country | Considerations | Eligibility | Experience |
|---|---|---|---|
| AUSTRALIA | Altruistic. No surrogate matching. Laws protect surrogates right to change her mind Advertising for surrogates not legal Ethics committee approval often required Contracts not enforceable Legal Parentage available |
Australians only, access to gay couples in some states | Limited, ~20 births/year in recent years |
| CAMBODIA | Compensated. No laws protecting the rights of surrogates or intended parents Few IVF physicians. Surrogates are from neighbouring countries (Laos, Vietnam, Thailand) |
Foreigners, any sexuality | Very limited |
| CANADA | Altruistic. Generous surrogate expenses allowed Only some Canadian provinces |
Canadians and foreigners, any sexuality | 15 years |
| CYPRUS-USA | Low-cost IVF destination. Surrogate births cannot occur in Cyprus. Utilised for Hybrid programs Advantageous for EU IPs & American IP’s wanting lower IVF costs |
Foreigners, heterosexual | NA |
| GEORGIA | Compensated Surrogacy | heterosexual married couples, Georgians and foreigners | 20 years |
| GREECE | Altruistic Surrogacy | heterosexual couples, Greek or foreign | 13 years for Greek citizens, 1 year for foreigners |
| KENYA | No surrogacy laws. Indian IVF physicians | Foreigners, any sexuality | <1 year for foreigners |
| LAOS | No surrogacy laws | Foreigners, any sexuality | No experience |
| INDIA | Compensated Surrogacy. Gender selection unavailable | Indian citizens only | 10 years |
| MEXICO | No surrogacy laws. Changes to Tabasco laws has led to decline in US. Hybrid programs with California emerging | Mexicans and foreigners, any sexuality | 4 years |
| SOUTH AFRICA | Altruistic surrogacy | South Africans only, any sexuality | ? |
| UK | Altruistic surrogacy. Advertising for surrogates not legal | UK Citizens domiciled there only | >15 years |
| UKRAINE | Compensated surrogacy | heterosexual married couples – local or foreign | 15 years |
| USA | Compensated & altruistic | US and foreign citizens, any sexuality (depending on State) | >30 years in California |