Surrogacy, a reproductive arrangement in which a third-party woman (surrogate mother) conceives and gives birth to the client (often called the "intended parents" or "the client"), has gradually developed around the world since the 1980s. With the maturity of assisted reproductive technology (ART), especially the popularization of in vitro fertilization (IVF) technology and embryo freezing technology, surrogacy has moved from ethical discussions to practical needs.
However, the differences between countries on surrogacy legislation are extremely significant. This disagreement reflects the profound differences between countries in core values such as bioethics, women's rights, identification of family structure, and the principle of children's best interests.
Surrogacy rules differ substantially by jurisdiction. A country, state or region may prohibit surrogacy, permit only altruistic arrangements, impose specific eligibility conditions, or have no comprehensive statute. No global label replaces a current review of law, clinic policy, contracts, parentage, birth registration, nationality and travel documents.
Mainland China has no statute legalizing surrogacy. Article 3 of the Measures for the Administration of Assisted Reproductive Technology prohibits medical institutions and medical personnel from applying surrogacy technology. That departmental rule does not automatically establish criminal liability for every intended parent; any liability depends on the specific conduct, evidence and other applicable law. Cross-border families must also review destination law, parentage, nationality and travel documents separately.
Before discussing the legislation of various countries in depth, it is necessary to clarify the basic classification framework of surrogacy laws:
In addition to basic medical expenses and pregnancy care expenses, surrogate mothers can also receive additional compensation. This is the most common form of overseas surrogacy. Countries that allow commercial surrogacy have usually established relatively complete legal protection systems and clearly stipulated the rights and obligations of all parties.
The surrogate mother can only receive compensation for actual expenses directly related to the pregnancy (such as medical expenses, lost work wages) and no additional financial remuneration. Represented by the United Kingdom, Canada, and Australia, it usually requires an existing emotional connection with the surrogate mother (such as relatives, friends), the operation threshold is high, and the actual feasibility is limited.
This includes countries with explicit legislation prohibiting it, as well as "grey zone" countries with neither authorization nor prohibition. The risk of the latter is that even if surrogacy is completed, there may be significant legal obstacles in aspects such as confirmation of parental rights, birth registration, and exit.
Current sources:the ART procedure approved in October 2024 and the digital-government birth-registration guidance are the current starting points. Old references to Health Care Law Article 55 or a “2022 current version” should not support a 2026 contract.
Case review:marriage, nationality, medical indication, genetics and donor use, clinic licensing, contract, notarisation and registry evidence require written confirmation from independent Kyrgyz counsel and the licensed clinic. A foreign passport is not automatic eligibility or equal protection.
Parentage and documents:birth registration, legal parentage, foreign recognition, nationality and travel documents are separate. Do not promise parentage at birth, no court or adoption, or a direct return-home result.
Current sources:Health Care Act Article 143 and Order No. 598 are the starting points. Order 598 addresses evidence of marriage or at least one year of documented cohabitation, so “married heterosexual couples only” is not an accurate summary.
Foreign intended parents:Article 143 does not create unconditional foreign access. Nationality, entry, medical indication, genetics, clinic implementation, birth registration and destination-country recognition must be confirmed in writing before signing or payment.
Parentage and documents:a Georgian local rule is not an automatic foreign-parentage, birth-certificate, passport or return-home guarantee.
Track the reform bill on the official Georgian Parliament page. A pending bill is not current law. Reviewed 2026-08-02.
Current legal position:Colombia has no comprehensive surrogacy statute and does not expressly prohibit the practice nationwide. In Judgment T-968/09, the Constitutional Court discussed surrogacy in the context of a child-custody case, noted the absence of regulation and express prohibition, and stressed the urgent need for legislation. The judgment did not make every surrogacy agreement legally enforceable.
Important features:
Things to note:T-968/09 is not a substitute for legislation or an individual legal opinion. Review local contracts, parentage and birth registration separately from recognition and travel documents in the family's home country.
Current rule:Kazakhstan Law No. 350-VIII amended Articles 54 and 57 of the Code on Marriage (Matrimony) and Family. From July 26, 2026, only citizens of Kazakhstan who are married may commission a surrogacy service. Kazakhstan therefore remains a regulated domestic jurisdiction, but it is no longer a lawful new-programme destination for foreign intended parents.
What this means for intended parents:
For the enacted text, effective-date context, transition cases, parentage, nationality and travel-document risks, read our detailed analysis of Kazakhstan's 2026 citizenship restriction.
Practical consequence:Clinic availability does not override intended-parent eligibility. Foreign families should not sign a new surrogacy commission, make a new programme deposit or schedule a new embryo transfer in Kazakhstan without written advice from qualified counsel on the current rule.
Legislative features:Surrogacy legislation in the United States is based on state units, and state laws vary significantly. "Surrogacy-friendly states" represented by California, Nevada, and Washington state not only allow commercial surrogacy, but also allow surrogacy before the child is born.forwardPre-Birth Order is one of the most legally protected surrogacy destinations in the world with pre-confirmation of parental rights through the court.
Main surrogacy friendly states:
Cost range:Usually priced at RMB 1.2-2 million, it is the most expensive option among major surrogacy destinations, but it also provides the highest level of medical technology, legal protection and transparency. Suitable for clients with extremely high security requirements and sufficient budget.
Document issue for the U.S. route:citizenship at birth, passport eligibility and interaction with Chinese nationality require separate review under the federal rules and court orders in effect at birth and Chinese law; no automatic outcome is promised.
The following countries and regions have explicitly prohibited surrogacy (including commercial and altruistic) by legislation or judicial decisions, and surrogacy in these places may face criminal legal risks:
| Country/Region | Basis for prohibition | legal consequences |
|---|---|---|
| Chinese mainland | Article 3 of the Measures for the Administration of Assisted Reproductive Technology and related departmental rules | Medical institutions and medical personnel are prohibited from applying surrogacy technology. This does not automatically establish criminal liability for every intended parent; case-specific liability depends on the conduct and other applicable law. |
| France | Article 16-7 of the Civil Code clearly stipulates that the surrogacy agreement is invalid | Contract is invalid, risk of criminal prosecution |
| Germany | Embryo Protection Act (1990) | Strictly prohibited and punishable by penalty |
| Spain | Article 10 of the Assisted Reproductive Technology Act | The surrogacy contract is invalid |
| Italy | Article 12(6) of Law No. 40/2004; Law No. 169/2024 extends the provision to relevant conduct committed abroad by Italian citizens | Italian citizens who commit the relevant conduct abroad are punishable under Italian law |
| Thailand | After the implementation of the "Surrogacy Child Protection Law" in 2015, commercial surrogacy was completely closed to foreigners. | Foreign clients cannot legally complete surrogacy in Thailand |
| India | The Surrogacy (Regulation) Act, 2021, allows altruistic surrogacy only for Indian citizens | Surrogacy is illegal for foreigners in India |
| Japan | There is no specific legislation, but the Japanese Society of Obstetrics and Gynecology explicitly prohibits members from participating in surrogacy. | It cannot be completed legally, and legal parental rights are highly uncertain. |
The Law Commission of England and Wales and the Scottish Law Commission jointly published a surrogacy report and draft legislation in 2023, proposing a new regulated pathway and parenthood from birth. In April 2025, the UK Government said it could not prioritise reform and did not intend to take the recommendations forward at that time; the current law therefore remains unchanged.
As the surrogacy market expands, some destinations are tightening eligibility and oversight. Kazakhstan's 2026 change goes beyond enhanced document review: it excludes foreign intended parents from commissioning new surrogacy programmes. The change shows why families must verify the current statute, their identity-specific eligibility and the full parentage and travel-document chain before paying or starting treatment.
The Hague Conference on Private International Law (HCCH) continues to promote negotiations on a multilateral framework for "cross-border confirmation of international surrogacy parental rights". The draft recommendations released in 2023 propose a cross-border recognition mechanism for parental rights under the priority principle of "the best interests of the child", but it will take some time for countries to formally approve it. At present, the client still needs to rely on the local laws of the destination country and bilateral diplomatic channels to protect the child's legal status.
Some U.S. states provide clearer pathways for single people and same-sex couples, while other countries impose nationality, residence, marriage, medical-indication or genetic-link requirements. Colombia has no comprehensive surrogacy statute, so T-968/09 alone cannot establish that a particular family is eligible.
Eligibility, contract enforceability, medical requirements, parentage and child-document rules may differ by country, state or region and may change with legislation and administrative practice. Labels such as “permitted,” “not prohibited” or “commercial-surrogacy destination” do not establish eligibility for a particular family.
Before payment or treatment, obtain current written advice on destination law, clinic access, contracts and fund controls, birth registration, and the family’s home-country rules for parentage, nationality and travel documents.
Before making a final decision on the surrogacy destination, it is recommended that the client check the following key issues one by one:
In 2026, the global surrogacy legal landscape will generally develop in a more standardized and transparent direction, but differences between countries are still significant. For Chinese families who need surrogacy, the following are core suggestions:
For international families, the jurisdictions most often evaluated include Kyrgyzstan, Georgia, Colombia and surrogacy-friendly U.S. states, subject to identity-specific legal review. Kazakhstan retains a clear domestic framework, but foreign intended parents should not treat it as a new-entry destination after July 26, 2026.
Eligibility differs materially by jurisdiction. Even a married heterosexual couple must check nationality, residence, marital status, medical indication, genetic-link requirements, clinic policy, parentage and child documents in each country; single people and same-sex couples may face additional restrictions.
The United States generally offers extensive legal procedures and medical resources, but at a much higher cost. Kyrgyzstan is geographically closer to China and may offer a lower-cost route, subject to a case-specific legal and document review. Kazakhstan should no longer be included in a foreign family's new-programme cost comparison unless the law changes again. Safety, legality and transparency should take priority over price.
The legal complexity of surrogacy not only lies in the laws of the destination country, but also involves follow-up matters such as household registration, notarization, and determination of paternity in China. It is recommended that professional legal advisors accompany you throughout the entire surrogacy process to ensure legal compliance at every step.
Need to evaluate the most appropriate country and legal path to surrogacy based on your specific situation?
← Return to Knowledge Center | Free consultation with our professional consultants
References and authoritative sources:
The content of this article is for reference only and does not constitute legal advice. Please consult a licensed legal professional for specific applicable laws.