International Surrogacy Arrangements

Surrogacy laws around the world can be complicated, with some countries allowing surrogacy in some capacity and others banning it altogether. The United States stands as the most established country for surrogacy, featuring the most accommodating legal structures for surrogacy, as well as a diverse array of support services and resources to facilitate a positive and successful arrangement. Intended parents seeking surrogacy services in the United States have legal protections regardless of their country, background, sexual orientation or relationship status. This is why many international intended parents choose to travel to the United States to build their families through surrogacy.

The Benefits of Choosing the United States for Surrogacy

Traveling outside of your home country to build your family through surrogacy can feel daunting and overwhelming. However, there are many benefits to pursuing surrogacy in the U.S. that will help intended parents feel more confident, including:

• Legal protections: There are no federal surrogacy laws in the United States, so the legal process for a surrogacy process varies from state to state. Therefore, intended parents can choose to pursue surrogacy in a surrogacy-friendly state. Surrogacy-friendly states offer peace of mind because there are protections in place to reduce risks associated with surrogacy contracts and establishing parental rights.

• United States citizenship: Children born in the United States are automatically granted U.S. citizenship.

• Strict guidelines for the screening and matching process: Potential surrogates in the U.S. must undergo thorough medical and mental health assessments to ensure their readiness and commitment to the surrogacy process.

• Parental rights for same-sex couples and individuals: Many international same-sex and LGBTQ+ intended parents choose to pursue surrogacy in the U.S. because of its inclusive surrogacy laws. Depending on which state the intended parents choose to pursue surrogacy, parentage can easily be established and secured so that the intended parents are the legal parents of their child.

• A smooth financial process: It is standard to have a third-party escrow agency as an intermediary to ensure that all payments are reliably paid on time — giving intended parents and surrogates one less thing to worry about as they navigate through their surrogacy process.

• Advanced medical technologies: The US is the world leader in assisted reproduction technology and surrogacy procedures. An increasing number of IVF clinics in the U.S. have greater access to cutting-edge medical technologies ensuring safe pregnancies and positive outcomes.

Learn More About Surrogacy in the United States

Global Surrogacy Laws

There are two common types of gestational surrogacy arrangements: commercial and altruistic. In a commercial surrogacy arrangement, the surrogate receives compensation for her services. Altruistic surrogacy is an arrangement where the surrogate agrees to pursue a surrogacy arrangement without receiving any compensation. Some countries ban both types of surrogacy arrangements, whereas others only ban commercial surrogacy. Let’s take a look at some laws surrounding surrogacy in certain countries.

 Spain International Surrogacy Guide

All surrogacy arrangements (both commercial and altruistic) are illegal in Spain. If you wish to pursue surrogacy and you’re a Spanish citizen, you must travel abroad.

 France International Surrogacy Guide

All surrogacy arrangements (both commercial and altruistic) have been illegal in France since 1994. French citizens looking to pursue surrogacy must travel abroad.

 Germany International Surrogacy Guide

All surrogacy arrangements (both commercial and altruistic) are illegal in Germany. According to the German Civil Code, the legal mother is always the woman who gave birth to the child. German citizens, however, can travel abroad to pursue surrogacy services.

 Canada International Surrogacy Guide

Canada only permits altruistic surrogacy. Gestational carriers may be reimbursed for approved expenses, but additional payments are illegal.

 Australia International Surrogacy Guide

In Australia, all jurisdictions allow altruistic surrogacy. Commercial surrogacy, however, is considered a criminal offense. In New South Wales, Queensland, and the Australian Capital Territory it is an offense to enter into international commercial surrogacy arrangements.