Surrogacy has become an increasingly viable option for individuals and couples unable to conceive through traditional means. Whether due to infertility or same-sex relationships, many turn to surrogacy as a pathway to building a family. However, surrogacy laws and practices vary greatly across the world. While some countries have robust legal frameworks to support surrogacy arrangements, others have strict prohibitions and most have no regulations.
This blog will explore the major surrogacy venues around the world, examining the legal landscape, ethical considerations, and best practices in different regions.
When considering surrogacy, prospective parents must weigh the advantages and disadvantages of different countries based on legal, financial, and ethical factors. Here's a breakdown of popular surrogacy destinations and the pros and cons associated with each venue. This listing is far from complete but features the major venues.
1. United States
Advantages:
Legally supportive framework: Many states have favorable surrogacy laws, making it one of the most legally secure destinations for Intended Parents, including international couples.
Inclusive for all: Surrogacy is accessible for single parents, same-sex couples, and heterosexual couples.
Comprehensive screening: U.S. agencies typically follow strict screening protocols for surrogates, ensuring good health and emotional well-being.
Perceived high-quality healthcare: The U.S. is perceived to have world-class medical facilities and professionals to support the surrogacy process. Â
Birthright citizenship: Babies born in the U.S. receive automatic U.S. citizenship, which can simplify travel and legal processes for international parents.
Disadvantages:
High cost: Surrogacy in the U.S. is the most expensive venue, with costs often exceeding $150,000 or more, depending on medical needs (IVF cycles, egg donors) and legal fees.
Varied state laws: Some states are very surrogacy-friendly (California, Nevada) with defined legal parameters. Other, the vast majority, have little legal framework but clearly permit surrogacy (Texas, Illinois, Ohio) and a very few actually prohibit it (Nebraska, Louisiana), others have restrictive or unclear legal frameworks, requiring careful research.
2. Canada
Advantages:
Altruistic surrogacy: Commercial surrogacy (where surrogates are paid beyond medical and reasonable expenses) is prohibited, which can appeal to parents seeking ethical and altruistic arrangements.
High-quality healthcare: Canadian surrogates have access to excellent healthcare services.
Inclusive: Canada allows surrogacy for same-sex couples, single parents, and heterosexual couples.
Lower costs: Surrogacy costs in Canada are lower than in the U.S. due to the prohibition on commercial arrangements and lower medical costs. In general total surrogacy costs are between $90,000 and $100,000 USD. https://www.canada.ca/en/health-canada/services/drugs-health-products/biologics-radiopharmaceuticals-genetic-therapies/legislation-guidelines/assisted-human-reproduction/prohibitions-related-surrogacy.htmlhttps://www.canada.ca/en/health-canada/services/drugs-health-products/biologics-radiopharmaceuticals-genetic-therapies/legislation-guidelines/assisted-human-reproduction/prohibitions-related-surrogacy.html
Disadvantages:
Limited availability of surrogates: Because surrogacy is altruistic, finding a willing surrogate may take longer than in countries with commercial surrogacy models.
Legal complexity: Though surrogacy is legal, the process involves legal nuances, such as contracts being unenforceable in some provinces, requiring legal advice for clarity.
3. Ukraine (Before the conflict)
Advantages:
Cost-effective: Surrogacy in Ukraine is significantly more affordable than in the U.S. or Canada, with typical costs ranging between $40,000 and $60,000.
Legally regulated: Ukraine has a clear legal framework that supports surrogacy for heterosexual married couples, with contracts that are legally enforceable.
Citizenship process: Children born via surrogacy in Ukraine can receive citizenship through their parents, although this process can vary depending on the country of origin.
Disadvantages:
Restrictions: Only married heterosexual couples are allowed to pursue surrogacy, which excludes same-sex couples and single parents.
Political instability: The ongoing conflict in Ukraine has made it a less stable environment for surrogacy, with some agencies pausing or halting operations.
Healthcare limitations: While Ukraine has adequate healthcare, it may not meet the perceived standards of Western Europe or North America, leading to concerns for some parents.
4. Georgia
Advantages:
Affordable: Costs in Georgia are comparable to Ukraine, ranging between $40,000 and $60,000.
Clear legal framework: Surrogacy is legally recognized and supported for married heterosexual couples, with legal parentage rights granted to Intended Parents from birth.
Citizenship options: Like Ukraine, children born through surrogacy in Georgia can obtain citizenship from their parents.
Disadvantages:
Restrictive: Surrogacy in Georgia is only open to married heterosexual couples, excluding same-sex couples and single individuals.
Perceived Healthcare quality: While adequate, healthcare services may not meet the standards found in countries like the U.S. or Canada, which may be a concern for some Intended Parents.
Beware: Some surrogacy operators will allow sham marriages to bypass the law.
5. India (Surrogacy is currently restricted)
Advantages (when surrogacy was more accessible):
Affordability: Surrogacy in India was once one of the most cost-effective options, with total costs as low as $20,000 to $35,000.
Medical expertise: India has highly skilled doctors and surrogacy clinics with significant experience in the field.
Disadvantages:
Legal restrictions: Since 2015, India has restricted surrogacy to Indian residents, banning foreigners and single individuals from pursuing the process.
Ethical concerns: There have been concerns about the exploitation of surrogates in India, leading to the government enacting more stringent regulations.
Limited access: Only Indian citizens who are married can engage in surrogacy, excluding many from accessing services.
6. Greece
Advantages:
Legally supportive: Greece is one of the few European countries where surrogacy is legally supported for both domestic and international parents, including single women.
Cost-effective: Costs in Greece are moderate, typically ranging from $85,000 to $100,000.
Altruistic surrogacy: Like Canada, Greece only allows altruistic surrogacy, ensuring that surrogates are not financially exploited.
Disadvantages:
Healthcare access: Though generally good, healthcare in Greece may not match the perceived levels as in other Western European countries, though many clinics cater specifically to international surrogacy needs.
Limited surrogate availability: Finding a surrogate can take time, as the altruistic model reduces the number of available surrogates.
7. Mexico
Advantages:
Cost-effective: Surrogacy in Mexico is relatively affordable, typically ranging between $50,000 and $85,000, depending on the location and services involved.
Availability: Surrogacy is accessible to international parents, with some states, but not all, allowing for surrogacy arrangements for single parents and same-sex couples.
Disadvantages:
Inconsistent legal framework: Surrogacy laws vary between Mexican states, and some states have more restrictive rules, so prospective parents need to research carefully.
Legal complexity: As in many countries, international parents must navigate citizenship and legal parentage issues, which can complicate the process. You will need a lawyer for this.
Court Order: A court order is needed for Intended Parents to have custodial rights.
8. Guatemala
Advantages:
Affordability: Surrogacy in Guatemala is becoming increasingly popular due to its affordability, with costs ranging from $55,000 to $70,000.
Nearly Inclusive: Guatemala allows surrogacy for heterosexual and same-sex male couples, as well as single parents if the Intended Father is also the biological father. Single women can be served if they have a known and cooperative sperm donor to serve as the Intended Father.
Emerging destination: Guatemala has had surrogacy operators since 2016 and is positioning itself as a surrogacy-friendly destination with experienced professionals and clinics. It has not been advertised as large global surrogacy companies are not established in Guatemala.
Location: Guatemala City is ultra-modern (6 million population) and a short flight from the USA. All major USA airlines have daily direct flights to Guatemala City. Airtime from Dallas, Houston, Atlanta, and Miami are all under three hours.
Disadvantages:
Unknown Destination: Guatemala is still developing its international surrogacy infrastructure.
Legal gray areas: Although surrogacy is allowed, there is no comprehensive legal framework regulating it, so Intended Parents must ensure their legal protections are in place with proper contracts, which are legally enforceable. Â
9. Colombia
Advantages:
Affordability: Surrogacy in Colombia is becoming increasingly popular due to its affordability, with costs significantly lower than in North America or Europe.
Inclusive: Colombia allows surrogacy for heterosexual and same-sex couples, as well as single parents.
Emerging destination: Colombia is positioning itself as a surrogacy-friendly destination with experienced professionals and clinics. Bogota is the hub of the Colombia surrogacy industry.
Disadvantages:
Developing infrastructure: Colombia is still developing its international surrogacy infrastructure, which can mean fewer experienced surrogates and legal experts than in more established countries.
Legal gray areas: Although surrogacy is allowed, there is no comprehensive legal framework regulating it, so Intended Parents must ensure their legal protections are in place.
10. Argentina
Advantages:
Affordability: Surrogacy in Argentina, mainly Buenos Aries, is becoming increasingly popular due to its affordability, with costs significantly lower than in North America or Europe.
Inclusive: Argentina allows surrogacy for heterosexual and same-sex couples, as well as single parents.
Emerging destination: Argentina is positioning itself as a surrogacy-friendly destination with experienced professionals and clinics. Many global surrogacy operators are setting up business relations in Argentina or investing in medical facilities.
Eternal Spring: We have working relationships with many IVF clinics and surrogacy providers. We can guide you to an ethical and cost-effective program.
Disadvantages:
Developing infrastructure: Argentina is still developing its international surrogacy infrastructure, which can mean fewer experienced surrogates and legal experts than in more established countries.
Legal gray areas: Although surrogacy is allowed, there is no comprehensive legal national framework regulating it, so Intended Parents must ensure their legal protections are in place. Most surrogacy takes place in Buenos Aries where the local government recognizes surrogacy. As of July/August of 2024 there was some controversy surrounding birth certificate issuance.
11. Kenya
Advantages:
Affordability: Surrogacy in Kenya is less common but done due to the very low cost. It is possibly the least cost place in the world with a price of $35,000 to $40,000.
Nearly Inclusive:Â Kenya allows surrogacy for everybody, but gay Intended Parents are encouraged to be describe due to lack of Kenyan cultural acceptance.Â
Emerging destination: Kenya has a number of IVF centers offering surrogacy alone or in cooperation with global operators.
Disadvantages:
Unknown Destination: Kenya is not well known and the reputation of anything in Africa is questioned.Â
Travel: A bit difficult to get there.
12. Iran
Advantages:
Affordability: Surrogacy in Iran comparatively affordable, with costs ranging from $45,000 to $50,000.
Speed: People can leave Iran with baby in hand in under two weeks.
Disadvantages:
Not Inclusive: Law restricts surrogacy to heterosexual married couples with a documented medical need.
Travel and Culture:Â Getting there and spending time in Iran might not be comfortable for some.
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Conclusion
Each country offers a unique mix of legal, financial, and ethical considerations, and the best destination for surrogacy depends on your individual circumstances, preferences, and resources. Intended Parents must thoroughly research and consult with legal and medical experts to ensure a smooth surrogacy journey.Â
Working with a surrogacy provider who brings everything to the program is most advisable. This is especially true if you choose surrogacy outside your home country.
Before committing to a particular country, consider:
Legal security: Will the legal framework ensure your parental rights?
Costs: Are the financial demands within your budget?
Ethics: Does the surrogacy model align with your ethical beliefs?
Healthcare quality: Are you satisfied with the healthcare options available?
Note: Eternal Spring offers programs in Guatemala and several other Latin countries. Ask us which option is right for you.
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