Summary of legislation on surrogacy

Consequences of the New U.S. Citizenship Law for Surrogacy

Recent changes in U.S. legislation, initiated by Donald Trump's administration and coming into effect in 2025, have raised serious concerns among prospective parents using surrogacy services.

According to the new 2025 executive order, the right to birthright citizenship for children born in the U.S. to parents who are not citizens or permanent residents is now restricted. Citizenship and passports are no longer automatically granted upon birth on U.S. soil, significantly complicating the document processing for newborns. 

Surrogacy and International Law: Challenges of Extraterritoriality

Italy is currently facing a severe demographic crisis, characterized by a significantly low birth rate. In 2023, only 379,000 births were recorded in the country — the lowest number since Italy's unification in 1861.

Despite this, in October 2024, the Italian Parliament approved amendments to Law No. 40/2004, prohibiting Italian citizens from using surrogacy services abroad. Since 2004, surrogacy had already been banned domestically, but many couples sought this option in foreign countries. 

French legislation on surrogacy

Surrogacy (GPA) is the act of a woman ("surrogate mother") carrying a child on behalf of a "pair of prospective parents" to whom the child will be delivered after birth. It is a form of medical reproduction that involves implanting an embryo obtained through in vitro fertilisation (IVF) or insemination into the surrogate's uterus. Depending on the methods used, either members of the couple are the genetic parents of the child, the intended parents have only a partial genetic link to the child, or no genetic link to the child.

Legislation of the Russian Federation in the field of surrogacy

According to the legislation of the Russian Federation, surrogacy is the carrying and birth of a child under a contract between a surrogate mother (a woman carrying a fetus after the transfer of a donor embryo) and potential parents whose sex cells were used for fertilization, or a single woman for whom carrying and birth of a child is impossible for medical reasons.

Legislation on surrogacy in Italy

Italian legislation in the field of assisted reproductive technologies is rather conservative. The Italian Law of 19 February 2004, No. 40 "On the Norms of Assisted Reproductive Technologies", not only completely prohibits surrogacy, but also severely restricts other reproductive technologies (art. 12, 6th paragraph, Law No. 40/2004, containing the rules on medical insemination techniques). This law prohibits third party reproductive programmes, i.e. surrogacy and donation, as well as embryo cryopreservation.

Surrogacy in Germany - legislation

Surrogacy in Spain. Summary of legislation in the field of surrogacy

This position of the European Parliament is reflected in a number of Spanish laws and regulations. The first mention of surrogacy is contained in the Law of November 22, 1988 "On Artificial Insemination Methods" and confirmed by Law No. 14 of May 26, 2006. "On Assisted Human Reproduction Methods", which establishes the prohibition of surrogacy.

Surrogacy in Ukraine is regulated by the following legal acts

The Family Code of Ukraine, which came into force on 01.01.2004, legalised surrogacy.Article 123 of this document determines that the parents of a child born from a surrogate mother are spouses, as their biological material was used for fertilisation.

Surrogacy in Cyprus

In accordance with this law, the "Regulation on Assisted Reproductive Therapy Centers and Assisted Reproductive Therapy Methods", which was published in the Official Gazette of the TRNC No. 80 dated 21.06.2016, came into force and legalizes surrogacy in the Turkish Republic of Northern Cyprus.

Surrogacy in Greece

In Greece, surrogacy is provided for and authorized by law and regulated by the following regulations: - Art. 8 of the Greek Law 3089/2002 "Medical assistance in assisted reproduction" ("Medical assistance in human reproduction"; hereinafter Law 3089/2002), which was adopted on 19.12.2002 by the Greek Parliament and legalized surrogacy in Greece;

Georgian legaslation on surrogacy

Currently, the draft law on banning the use of surrogacy in Georgia for foreign citizens is under consideration in the Parliament. We are closely following all changes in the legislation and will inform about any innovations in a timely manner. 

Surrogacy legislation in Australia: new trends and challenges

Surrogacy is when a woman agrees to carry and give birth to a child for other people who become legal parents. Surrogate motherhood can be an alternative for those who cannot have biological children for various reasons such as infertility, loneliness, homosexuality, or health.