Surrogacy Laws in Different Country: What You Need to Know?

Surrogacy Laws in Different Country: What You Need to Know?

The world has warmed up to the concept of surrogacy that allows childless couples or single persons to become parents most countries allowing surrogacy have framed their own laws for regulating surrogacy and also protecting the rights of the surrogate and as well as the child. However, the lack of an international law creates complications for surrogates as well as intending parents. 

The laws governing surrogacy in different countries:

 Most countries that allow surrogacy have framed laws to regulate it. Thereby also protecting the rights of the surrogate.  While countries like Britain, America, Australia, the Netherlands and Denmark are among those where altruistic surrogacy is legal and countries such as France, Germany, Italy, Spain, Portugal and Bulgaria prohibit all forms of surrogacy. 

Surrogacy Law in United kingdom:

Commercial surrogacy is not legal in the United Kingdom the surrogate is the child’s legal parent at birth. Legal Parenthood can be transferred by parental order or adoption only once the child is born. 

Surrogacy Law in the USA:

In the United States of America, surrogacy laws vary from state to state. Surrogacy friendly states allow both commercial and altruistic surrogacy. Arkansas, California, New Hampshire are some such surrogacy friendly states. New York does not allow commercial surrogacy. Michigan forbids absolutely all surrogacy agreements.

Surrogacy Law in Canada : 

  •  Canada’s Assisted Human Reproduction Act permits only altruistic surrogacy.
  •  surrogate mothers may be reimbursed only for approved expenses
  •  All surrogacy arrangements are illegal in Quebec in Canada.

Surrogacy Law favourable country :

  •  Armenia, Georgia, Kazakhstan, Russia, Ukraine allow both altruistic and commercial surrogacy
  • Kenya Malaysia and Nigeria don’t private surrogacy but have no formal law to regulate the practice
  • The Czech Republic, Colombia, Chile and Hungary are among countries with unregulated surrogacy.
  • Surrogacy is prohibited in Cambodia, Denmark, France, Germany, Italy and Spain and some other countries.

 However, a lack of internationally recognised laws creates difficulties for aspiring parents. In cases where intended parents go to surrogacy friendly countries, it can take a long time to bring a surrogate baby back to their home country. This is due to different surrogacy laws in the home country and the country where the baby is born. Many experts argue that an international an agreement similar to the Hague adoption the convention could provide consistency across countries thereby making the process more streamlined.

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