Countries Where Surrogacy Is Legal and Regulated

Do you know where surrogacy is legal? Learn about safe countries, their laws, and models (altruistic or commercial) to make an informed decision. Surrogacy with guarantees.

Countries Where Surrogacy Is Legal

Surrogacy — also known as gestation pour autrui, womb for rent, or utero in affitto — is a reproductive alternative accepted and regulated in a limited number of countries. This article details, based on legal and safety criteria, the places where this practice is permitted, the types of regulations (altruistic vs. commercial), and the specific conditions of each jurisdiction. We’ll also include internal links to GestLife resources to explore programs, guarantees, and recommended countries.

Introduction

Choosing to undergo a surrogacy process involves not only medical and emotional aspects but also a deep legal understanding. Each country has its own legislation, ranging from total bans, through altruistic frameworks (with no financial compensation), to commercial models (where the surrogate is paid). Therefore, selecting the right destination requires analysis of:

• National legislation and case law.
• Contract types (altruistic or commercial).
• Recognition of parentage.
• Legal and medical support and guarantees.

For more information about GestLife, visit the complete list of surrogacy countries.

General Framework of Surrogacy Regulation

Before diving into specific countries, it’s important to distinguish two legal models:

• Altruistic Surrogacy: the surrogate receives no payment beyond medical expenses and reasonable reimbursements.
• Commercial Surrogacy: the surrogate receives agreed-upon financial compensation.

It’s also essential to verify whether the country directly recognizes parentage to the intended parents or if a post-birth court process is required. For more details on our international program operations.

North America

1. United States: In the U.S., surrogacy regulation is determined at the state level. There are three main categories:

• • States permitting surrogacy without major restrictions: Florida, California, Illinois, Nevada, Maryland, Massachusetts, New Jersey, Oregon, Washington, among others.
  • States with restrictions: require the surrogate to be a resident or limit compensation.
  • States where surrogacy is prohibited or unregulated.
  • California: a pioneer in both commercial and altruistic surrogacy contracts. Recognizes parentage without the need for a court ruling (Lewis, Anne. Surrogacy Law in California, 2018).
  • Illinois: similar to California; high level of legal security.
  • New York: after the Child-Parent Security Act (2019), removed its historic ban and now allows court-supervised commercial arrangements.

For a more detailed analysis, see this Gestife section.

2. Canada: Canada only allows altruistic surrogacy. In 2004, the Assisted Human Reproduction Act (AHRA) criminalized financial compensation (Smith, John. Canadian Surrogacy Regulations, 2020). Each province regulates specifics:

• • Ontario and British Columbia: clear reimbursement frameworks
  • Contracts focus on reasonable expenses, legal consultation, and psychological support. For international couples, GestLife provides full support in clinic selection and legal guidance.

Latin America

Warning: In countries “without legislation” (e.g., Argentina, Uruguay before 2020), a legal void exists that may pose long-term risks.

GestLife: Guarantees and Services

At GestLife, we operate only in countries where surrogacy is legal, offering support in:

• Medical selection and monitoring
• International legal advisory
• Ongoing psychological support
• Infonow Guarantee for real-time access to your case file.
• ‘Standard’, ‘Plus’, and ‘Premium’ programs tailored to your needs