Gestational Surrogacy around the world
United States: A Complex and Diverse Landscape
In the United States, gestational surrogacy is legal in many states, but the laws governing it vary from state to state. Some states, like California and Illinois, have well-established legal frameworks that protect both surrogates and intended parents. These states allow for comprehensive contracts that address issues such as parental rights, compensation, and medical care.
However, surrogacy is not universally legal across the U.S. States like Nebraska, Michigan, and Louisiana have more restrictive laws, with some prohibiting surrogacy contracts altogether. Michigan is finally relaxing some of their issues in 2025. In states where surrogacy is legal, intended parents often face the challenge of navigating different legal systems to ensure their rights are recognized.
India: A Former Hub with Shifting Regulations
India was once a popular destination for international surrogacy, with affordable prices and relatively permissive laws. Many couples from abroad flocked to India to work with local surrogates due to the lower costs compared to Western countries. However, in recent years, India has significantly restricted commercial surrogacy for foreign nationals. In 2015, India passed a law that limited surrogacy to Indian citizens and required the surrogate to be a close relative of the intended parents.
The Indian government has since proposed further regulations to ensure the welfare of the surrogates and address ethical concerns, including restrictions on the commercialization of surrogacy. While surrogacy remains legal in India, the shifting policies have complicated the landscape for international couples seeking surrogacy services.
Ukraine: A Popular Destination in Europe
Before the war, Ukraine had emerged as one of the most popular countries in Europe for gestational surrogacy. The country’s legal framework is relatively permissive, and it allows international couples to pursue surrogacy arrangements. Ukrainian laws grant parental rights to the intended parents from birth, simplifying the process for foreign parents seeking to establish legal parentage.
Carriers in Ukraine are typically compensated, and the practice is well-regulated to protect both the surrogate and the intended parents. The cost of surrogacy in Ukraine is lower than in many Western countries, making it an attractive option for people seeking affordable alternatives. However, as in other countries, ethical concerns surrounding the commercialization of surrogacy and the treatment of surrogates continue to be topics of debate.
United Kingdom: Strictly Regulated and Non-Commercial
In the United Kingdom, surrogacy is legal but heavily regulated. Commercial surrogacy, or the practice of paying a surrogate beyond reimbursement for expenses, is prohibited. Intended parents can only pay for reasonable costs incurred by the surrogate during the pregnancy, such as medical expenses, travel, and lost wages.
The UK law recognizes the surrogate mother as the legal mother at birth, though intended parents can apply for a parental order to gain legal parentage. This process can take up to six months after the birth, and the surrogate must consent to the transfer of parental rights. Surrogacy arrangements in the UK are altruistic in nature, and the country’s legal structure ensures the protection of both surrogates and intended parents.
Australia: Varying Laws Across States
In Australia, gestational surrogacy is legal in certain states, but like the U.S., the laws vary significantly across the country. Some states, like New South Wales and Victoria, allow surrogacy arrangements, but they have stringent requirements and restrictions, including the prohibition of commercial surrogacy.
In other states, such as Queensland, surrogacy is only permitted under specific circumstances, such as when the surrogate is a relative of the intended parents. In all cases, Australian law prohibits the payment of surrogates beyond reasonable expenses. Legal parentage is determined by each state’s laws, and the process can be complex and time-consuming.
Other Countries: A Mixed Bag
Countries around the world have different attitudes toward gestational surrogacy. In some nations, like Canada, commercial surrogacy is illegal, but altruistic surrogacy is permitted under specific conditions. In countries like France and Germany, surrogacy is strictly prohibited, and the practice is often viewed as controversial. Many other countries, including many in Africa, the Middle East, and Asia, have not yet established clear laws regarding surrogacy, leaving the practice in legal limbo.
The Evolving Journey of Gestational Carriers: 90s vs today
Gestational Carriers Today
In the 90s, gestational surrogacy was still a relatively new practice, and many medical procedures that are commonplace today were either in their infancy or not yet available. In-vitro fertilization (IVF), the procedure through which eggs are fertilized outside the body and then implanted into a surrogate’s uterus, was still developing in the 90s.
Fast forward to today, IVF is far more advanced, with improved success rates and more precise screening techniques. The availability of genetic testing, embryo freezing, and genetic counseling has helped create a more structured and predictable process. Surrogates today have access to advanced reproductive technologies, ensuring better outcomes and more personalized care.
Legal Protections and Regulations
The legal framework surrounding gestational surrogacy has evolved significantly. In the 90s, there was often a lack of clear, comprehensive laws, which led to confusion, risks, and, at times, complicated legal battles. Many surrogates and intended parents faced unclear contracts, and disputes over parental rights, compensation, and custody could lead to prolonged legal battles.
Today, many countries and states have more clearly defined surrogacy laws, offering protections to both the surrogate and the intended parents. Surrogates now have more detailed contracts, which outline compensation, medical care, and legal responsibilities. Legal teams and agencies work to ensure that both parties are fully informed and protected.
The Rise of Agencies Who Help Streamline and Protect Carriers
In the 90s, gestational surrogacy was often arranged informally or through word of mouth, which made the process feel more personal but also more unpredictable. Intended parents often had to find a surrogate independently or through personal connections, without much professional oversight. This could lead to a lack of support or confusion during the journey. It also led to many 'surrogates' being taken advantage of.
Today, surrogacy agencies have become an integral part of the process. These agencies help match intended parents with qualified surrogates, and they provide a network of medical professionals, legal advisors, and counselors. Surrogacy agencies ensure that the process is smoother, more transparent, and ultimately more successful for everyone involved.
Cultural Shifts
In the 90s, surrogacy was still somewhat taboo and not openly discussed in mainstream society. Surrogates were often viewed as “outsiders” who were making a sacrifice for another family. The social stigma surrounding surrogacy was more pronounced, and people considering becoming a surrogate often had to keep their involvement private.
Today, attitudes towards gestational surrogacy have changed considerably. With the rise of public figures and celebrities who openly speak about their surrogacy journeys, the conversation has become much more normalized. The public’s understanding of surrogacy has improved, and it is no longer seen as a taboo subject. The acceptance of diverse family-building methods has made the process more open and less stigmatized for those involved.
Support Systems and Mental Health
In the 90s, mental health support for surrogates and intended parents was often overlooked. While surrogates went through an emotionally intense experience, mental health counseling was not always readily available, and surrogates were sometimes left to navigate the emotional highs and lows of the journey without much guidance.
Today, mental health support has become a vital part of the surrogacy process. Surrogates are now provided with counseling before, during, and after the pregnancy to help manage any emotional or psychological challenges. Intended parents also have access to counseling to ensure they are prepared for the emotional aspects of the process. The focus on mental health helps ensure a healthier, more supportive experience for everyone involved.
Compensation and Ethical Considerations
In the 90s, surrogates were often compensated modestly, and the idea of a "baby business" created ethical concerns around the commodification of motherhood. Many people were concerned about the ethics of paying someone to carry a child, especially if the surrogate’s motivations were financially driven.
Today, surrogacy is much more ethically regulated. Surrogates are compensated fairly for their time, effort, and emotional investment, and financial arrangements are made clear from the outset. The increased professionalism and transparency surrounding surrogacy have helped establish ethical standards, which prioritize the well-being of the surrogate and the child. Additionally, the compensation is often a reflection of the rigorous nature of the process, including the medical, emotional, and physical commitment involved.
Diverse Family Structures and Inclusivity
The 90s saw surrogacy as a pathway primarily for heterosexual couples struggling with infertility. There was limited conversation about how LGBTQ+ couples or single individuals could use surrogacy as a family-building option.
Today, surrogacy is more inclusive and accessible to a diverse range of families, including LGBTQ+ individuals and couples, and single parents. The growing recognition of surrogacy as a viable option for everyone has allowed a more inclusive approach, providing opportunities for all types of families to pursue this journey.