Comparison of IVF policies and laws in various countries: the United States, Thailand, Malaysia, Kazakhstan, Kyrgyzstan, Georgia, Armenia, and Colombia

1. Let’s look at the conclusion first: how to stratify the surrogacy policies in 8 countries

2. The United States: It’s not that “everything is legal in the United States”, but “it depends on the state.”

The United States is often summarized on the Chinese Internet as “the most mature surrogacy country in the world.” This statement is only half correct. A more accurate statement is:There is no uniform federal surrogacy law in the United States, and surrogacy is largely determined by state laws, court orders, and birth registration rules.In other words, the United States is not a single policy market, but a "puzzle of state laws."

1. What are the advantages of the United States?

• High legal certainty:In friendly states such as California, Nevada, Illinois, and Washington, the courts and birth registration processes are mature, and many states support pre-birth parenting orders or highly certain post-birth confirmation procedures.
• Applicable to a wide range of people:The United States is one of the few mature markets that is friendly to single clients, same-sex couples, and non-traditional family structures.
• Mature institutional system:From agency, lawyer, psychological evaluation, insurance to birth certificate process, the division of labor is the most complete.

2. The disadvantages of the United States are also very obvious

• High cost:The overall budget is usually significantly higher than Kyrgyzstan, Kazakhstan, and Georgia.
• One size does not fit all:Different states have different approaches to contracts, compensation, confirmation of paternity, and same-sex clients.
• Professional state screening required:When it comes to surrogacy in the United States, the most taboo thing is "only looking at the agency's quotation and not looking at state laws."

If your core appeal is that budget is not your first priority, but you want greater legal certainty, adaptability to single or same-sex pathways, or more standardization of the entire program within the court system, then the United States remains one of the most mature surrogacy destinations in the world. Conversely, if budget caps are more sensitive, or you wish to shorten geographic and process costs, the United States may not necessarily be the first option.

3. Thailand: After 2015, it is no longer a foreign commercial surrogacy market

Thailand used to be very frequently discussed in Asian surrogacy discussions, but if you still regard it as a "popular overseas surrogacy country" today, it is most likely that it has fallen behind the reality. The reason is simple:Thailand tightened surrogacy through special legislation after 2015, and the commercial, open market for foreign clients has ended.

1. Why do many people still mistakenly believe that surrogacy is possible in Thailand?

Because Thailand’s in vitro fertilization, assisted reproductive medicine, laboratory technology, and cross-border medical services have always been influential in Asia, many people misinterpret “Thailand’s IVF is strong” as “Thailand’s surrogacy is also open.” But the two conclusions cannot be equated. Strong medical technology only means that it may be a destination for in vitro fertilization treatment; whether surrogacy can be implemented legally depends on special laws.

2. The most practical judgment on Chinese families at present

• Thailand is not a stable commercial surrogacy country for Chinese families today.
• Even if there are individual so-called "operational channels", it usually means high gray level and high legal uncertainty.
• If an agency markets Thailand as an easy option with “low cost, close to China, and legal surrogacy,” you should be extremely vigilant.

4. Malaysia: Assisted reproduction is regulated, but the official does not support the surrogacy route

Malaysia is sometimes discussed together with Thailand in the Chinese context, but judging from official policies and medical regulatory documents,Malaysia is not a surrogacy country that should be recommended to foreign clients.

1. Why does it say “not a surrogacy destination”

There are two key points I verified this time: First, the National Assisted Reproductive Technology (ART) Policy of the Malaysian Ministry of Health itself reflects a highly conservative regulatory logic centered on the autologous reproduction of couples; second, the Malaysian Medical Council (MMC)’s ethical and professional norms have a negative attitude towards surrogacy and clearly regard it as one of the paths that should not be promoted by medical practitioners.

2. What does it mean for Chinese-speaking families?

• Malaysia can be studied as IVF, frozen eggs, general assisted reproduction policy environment.
• But if the goal is Legal surrogacy, Malaysia is not a mainstream, stable, publicly compliant option.
• Even if someone claims that "local arrangements can be made", it should be understood that it probably does not have mature, public and verifiable legal security boundaries.

For families searching for “surrogacy countries” and “legal surrogacy countries”, the most important value of Malaysia is not “what can be done”, but to help you eliminate wrong options:Being able to do in vitro fertilization does not mean that you can do surrogacy; having a good hospital does not mean that there is a legal surrogacy path.

5. Kazakhstan: A country with written laws in Central Asia, the rules are clearer than many gray area markets

Kazakhstan is one of the countries worthy of careful study in this article. Because it does not “make do” by vague space or a single court decision, but by regulating surrogate motherhood through statutory law. This determines that its stability is naturally stronger than many gray area markets where "word of mouth can be done".

1. Kazakhstan’s core strengths

• There is a clear legal basis:Relevant rules can be found in the statutory legal framework in the fields of marriage, family and health.
• The project logic is clear:Who can be entrusted, how contracts are signed, and how parent-child relationships are arranged are all easier to evaluate in advance than in countries with precedents.
• The Central Asian Pathway is easier to understand for Chinese-speaking families:Distance, time, budget, process complexity are generally more friendly than in the US.

2. Common restrictions in Kazakhstan

Judging from verified information, Kazakhstan is closer to "Open to married heterosexual couples who meet medical indications"The legal structure is not as tolerant to the client type as the friendly states in the United States. In other words, its strengths are statutory law and stability, not crowd tolerance.

6. Kyrgyzstan: It has become very popular in recent years and is a path with a better balance between “cost and legality”.

The reason why Kyrgyzstan has become more popular in Chinese consultation in the past two years is largely because it hits two keywords:Legal surrogacy and Relatively controllable budget. Judging from the content on the site that we have continued to follow up on in the past, it is also one of the core traffic directions of your website.

1. Why Kyrgyzstan has attracted much attention in recent years

• It has a statutory basis and does not rely entirely on individual court cases.
• Overall costs are lower than in the United States and generally lower than in Georgia.
• The geographical distance and project organization costs are more friendly to Chinese families.

2. But Kyrgyzstan is not a country that just “does it with its eyes closed”

The most common problem with this type of Central Asian path is not "whether there is a method", but that Are you working with reliable institutions, hospitals and lawyers?. In the same country, the laboratory level of partner hospitals, screening standards for surrogacy volunteers, contract drafting quality, and post-birth document chain experience may vary greatly.

So if you are comparing surrogacy in Kyrgyzstan, surrogacy in Kazakhstan, and surrogacy in Georgia, you can’t just look at the quotes. What you really should look at is:

• Does the local lawyer have a clear and traceable contract template and notarization process?
• Do partner hospitals perform IVF/PGT-A on a long-term basis rather than on a temporary basis?
• Is the chain of birth certificates, apostille, translation, notarization, and return documents in a systematic manner?

7. Georgia: Highly mature, but its applicable population is not as wide as that of the United States.

Georgia is a very classic route in overseas surrogacy discussions. Its biggest features are:It has long been a country where surrogacy is recognized by written laws, and its practice is relatively mature.But that doesn’t mean Georgia is a good fit for all families.

1. Typical advantages of Georgia

• High legal awareness and high familiarity with the international consulting market.
• The project structure is mature and there are many historical cases.
• For married heterosexual couples, it is often regarded as a representative of "mature legal surrogacy countries around Europe".

2. Georgia’s most important threshold

Georgia’s surrogacy path is not as inclusive of all client types as friendly U.S. states. For many families, it's more like "A mature route for married heterosexual couples”, rather than a surrogacy market that is open to singles, same-sex people, and complex family structures.

8. Armenia: There is room for practice, but the availability of public regulations is weaker than in mature markets

Information about Armenia on Chinese-language networks is often fragmented. Some people package it as "the next hot low-cost country", while others completely ignore it because there is not much public information. A more reliable judgment should be:A foundation of ART and surrogacy practices exists in Armenia, but it is not the most transparent option for Chinese families.

1. Why Armenia is on the candidate list

• The practice of assisted reproduction and surrogacy does exist locally, and it is not a figment of imagination.
• The regulatory system and administrative system have been updated, indicating that the country is not completely laissez-faire and unregulated.
• For families willing to accept a higher reliance on local attorneys, it can be placed in the "Research Options."

2. Why can’t Armenia be blindly optimistic?

• The availability of public regulatory information in English and Chinese is significantly weaker than that in the United States, Georgia, and Kazakhstan.
• Many key issues still rely heavily on the practical experience of local lawyers, clinics and administrative agencies.
• For foreign principals, the document chain and predictability of legal consequences after birth are not as high as in mature markets.

Therefore, Armenia is more suitable to be placed in "It can be studied, but local lawyers must explain the feasibility first.” This layer is not marketed as a “cheap and simple new mecca for legal surrogacy”.

9. Colombia: The judiciary is feasible, but unified legislation is insufficient. It is a country with "roads but uneven roads"

Colombia is a country that many people tend to misunderstand. You will see people saying “Surrogacy is legal in Colombia” and you will also see people saying “There is no surrogacy law in Colombia”. These two sentences can be true in different contexts. A more accurate expression is:Colombia does not have a complete statutory law on surrogacy like Georgia and Kazakhstan, but within the framework of constitutional principles and court precedents, the practice of surrogacy is not completely negated.

1. Colombia’s practical advantages

• It has a certain international reputation in the Latin American route.
• The courts and the legal community are not entirely closed to gestación subrogada (surrogacy).
• In theory, there is room for foreign clients to operate, so it has always been included in surrogacy comparison discussions.

2. The real difficulty in Colombia

• Insufficient unified legislation:Unlike countries with written laws, all key nodes can be locked in advance.
• High reliance on compliance:Rely more on the practical experience of lawyers, contracts, hospitals and courts.
• After birth, the document chain and parent-child relationship confirmation are more complicated:This is especially important for families returning from overseas.

10. Why “Where is surrogacy legal?” cannot only look at one dimension

What really determines whether a country is worthy of surrogacy is usually not a single “legal/illegal” dichotomy, but the result of the superposition of the following five dimensions:

1. Legal sources are stable and unstable:Is it statutory law, state law, case law, or just agency word-of-mouth?
2. Applicable people are not clear:Only married heterosexual couples, or singles and same-sex couples as well?
3. The path to confirm parent-child relationship after birth is unclear:How to write a birth certificate, and should the court get involved?
4. Whether the document chain of the foreign client can be run through:Are the procedures for certification, translation, passport, and return to the country mature?
5. The tripartite collaboration between hospitals, institutions and lawyers has become immature:This is the key to turning “legal on paper” into “practicable in reality”.

Starting from this standard, you will find:

• USA It's more mature and tolerant, but it's more expensive.
• Kazakhstan, Kyrgyzstan, Georgia The win is statutory law versus cost/maturity balance.
• Colombia, Armenia It’s more like an advanced option, not suitable for families who just want “stable, fast and transparent”.
• Thailand, Malaysia It is more suitable to directly exclude the "surrogacy destination" list.

11. If your goal is to search for truly useful answers under the keyword "surrogacy", how should you choose a country?

From a user decision-making perspective, rather than a marketing perspective, I would divide the selection logic into three categories:

1. Want maximum legal certainty and don’t care much about budget

Prioritize the United States.But it must be looking at specific states, not “the United States” in general. Suitable for those with sufficient budget, singles, same-sex couples, and those who value the court system and parenting orders.

2. Want legal surrogacy + controllable budget + statutory legal framework

Priority is given to Kazakhstan, Kyrgyzstan, and Georgia.Among them, Georgia prefers the route of mature married couples; Kyrgyzstan prefers the cost-effective and Central Asian route; Kazakhstan is very attractive in terms of legal codification.

3. Want to study potential alternatives, but accept that the rules are not “neat” enough

Let’s look at Colombia and Armenia.It’s not that these two types of countries cannot do it, but you have to accept higher dependence on local lawyers, higher information screening costs and stronger case differences.

12. Common misunderstandings: 6 sentences that are most likely to be deceived when searching for "surrogacy"

1. “This country doesn’t ban it, so we can do it.” wrong. The absence of an explicit prohibition does not mean that there is a mature and legal path.
2. "The test tubes there are very strong, so surrogacy is no problem." wrong. IVF and surrogacy are two different things.
3. "Others have already given birth there, so I will definitely be able to give birth too." wrong. The success of individual cases does not mean universal stability.
4. “A low quote means high value for money.” wrong. Low quotes sometimes mean legal and documentation risks are deliberately omitted.
5. "As long as the baby is born, the subsequent documents can always be processed." wrong. Where many families are really stuck is the post-birth documentation chain.
6. “The agency said just don’t worry and don’t need a local lawyer.” wrong. Surrogacy is a typical project that requires the simultaneous establishment of medical, legal, and administrative lines.

13. Conclusion: The correct way to compare surrogacy countries is not to look at popularity, but to look at "predictability"

If you put these 8 countries together in a picture, what really determines their differences is not the "successful cases" in advertising, but whether you can answer the following questions clearly before starting the project:

• Who is legally recognized as a parent?
• Can the contract be executed stably?
• How to register a birth certificate?
• Is the document chain mature for foreign families?
• Is this path supported by statutory law, or does it mainly rely on gray operations?

Judging from today’s public information and practical experience,United States, Kazakhstan, Kyrgyzstan, Georgia It is still an overseas surrogacy country that deserves more systematic research;Colombia, Armenia Can be used as an alternative study;Thailand, Malaysia should no longer be considered a mainstream legal surrogacy destination.

If what you really care about is "Where can I get legal surrogacy?" "Which country is my marital status suitable for?" "Where should I look with a budget of 300,000/500,000/1 million?", then instead of continuing to watch fragmented short videos, a more effective approach is to first stratify the countries and then compare specific routes.

14. Main public sources referenced in this article

Below are the public sources I focused on checking while writing this article. Since the frequency of regulatory updates, language, and disclosure formats vary greatly between countries, it is still recommended to conduct another review with a local lawyer before actually starting the project.

• ASRM: Recommendations for practices using gestational carriers
• Uniform Law Commission: Uniform Parentage Act materials
• Kazakhstan eGov: Surrogate motherhood in Kazakhstan
• Georgia Matsne: Law of Georgia on Health Care
• Kyrgyz Republic public health code / surrogacy provisions
• Malaysia Medical Council / professional position on ART and surrogacy
• Malaysia Ministry of Health: National Assisted Reproductive Technology (ART) Policy
• Colombia Constitutional Court: T-968/2009
• Colombia Constitutional Court: T-275/2022
• Armenia ARLIS legal database
• Thailand Ministry of Public Health / Health Service Support Department
• Thailand Royal Gazette legal database