Surrogacy regulations around the world, captured in maps and data.
NOTE: All maps and state narratives are intended to provide information regarding legal rights in the country or state/territory indicated. Because laws and legal procedures are subject to frequent change and differing interpretations, we cannot ensure this information is current nor be responsible for any use to which it is put. Do not rely on this information without consulting with legal counsel in the country (or state) where you plan to work with a person acting as a surrogate and the country (or state) in which you reside.
Surrogacy Regulation by Country
There is no international regulation of surrogacy. Surrogacy laws vary considerably around the world, and many countries do not regulate surrogacy at all. In some countries, like the United States, Australia, and Mexico, there is no federal regulation but there are laws and case law in some or all states (see individual maps below). Intended parents pursuing surrogacy arrangements should independently verify the laws in the country (and state, where applicable) where arrangements are being made and in the country (and state) where they plan to reside. Practices on the ground do not always reflect the laws of that country. It is very important to know that most US family law organizations and attorneys with expertise in surrogacy and LGBTQ+ family formation recommend against engaging in international surrogacy: LGBTQ+ people who hire a surrogate in another country have sometimes been unable to bring their child home because they could not establish their child as a United States citizen or be recognized as legal parents. This is true for other countries as well.
Please note: where an “X” appears, the criterion is explicitly prohibited. Where a “” appears, the criterion is explicitly permitted. The table can also be sorted by clicking on the individual column headers. You can further filter the information by individual country or surrogacy policies.
The table can also be sorted by clicking on the individual column headers. To view the official text, click on those records that have ““.
The United States does not regulate surrogacy at a federal level. States regulate surrogacy through statutes (legislation) and case law (court cases). States that explicitly permit surrogacy do not have regulation that addresses intended parents from other countries hiring surrogates in that state.
US map and narrative research conducted by National Center for Lesbian Rights.
Gestational and genetic surrogacy enforceable Both gestational and genetic surrogacy agreements are authorized and if compliant, the question of parentage can be enforced in court. For genetic surrogacy only, the law may include provisions allowing a surrogate to change her mind for a certain period of time after birth or have other limitations.
Gestational surrogacy enforceable State statute or case law provides that gestational surrogacy agreements are authorized and if compliant, the question of parentage can be enforced in court.
Enforceable in limited circumstances State statute or case law permits enforcement of surrogacy agreements in limited factual circumstances (please see state-by-state narrative for more information about this state).
Prohibited State statute or case law explicitly prohibits individuals from entering into or enforcing surrogacy agreements. This includes states that make entering an agreement a crime as well as those that merely provide that such agreements are unenforceable.
Unregulated There is no state statute or case law addressing whether surrogacy agreements are enforceable.
In the state pop-up boxes on above map:
GS=Gestational Surrogacy; GT=Genetic Surrogacy; SS=Same Sex; IP=Intended Parents
Mexico does not regulate surrogacy at a federal level. Only 4 states explicitly regulate surrogacy (two allow and two prohibit). Seven states regulate assisted reproduction, and the laws apply to surrogacy. Supreme Court judgements apply in all states.
Mexico map and narrative research conducted by GIRE.
At a federal level, commercial surrogacy is prohibited and altruistic surrogacy is unregulated. Each state and territory regulates surrogacy through legislation.