Should You Go to Iran for Surrogacy?
When it comes to surrogacy destinations, Iran is probably not the first country that springs to mind. Yet, surprisingly, Iran’s surrogacy laws share some striking similarities with those of California—a state known for its progressive and clear legal framework on assisted reproduction. This unexpected parallel has led several Australian couples to pursue surrogacy in Iran, despite the cultural and political differences between the two regions.
As a family and fertility lawyer with extensive experience advising clients on international surrogacy, I’ve worked with five Australian couples who chose to go to Iran for their surrogacy journeys. In this article, I’ll unpack what makes Iran a unique and somewhat straightforward surrogacy destination, explain the legal landscape surrounding surrogacy and egg donation there, and discuss why, despite the legal accessibility, it’s currently not a safe place to consider for surrogacy due to escalating geopolitical tensions.
Understanding Surrogacy in Iran: A Legal Overview
At first glance, one might assume that surrogacy in Iran would be an extremely complicated or even impossible process. The country is governed by Islamic law, and many might expect strict religious restrictions to prohibit or severely limit assisted reproductive technologies such as surrogacy and egg donation. However, the reality is quite different.
Surrogacy in Iran is legally available, but with specific conditions. It is permitted for heterosexual married couples only, which aligns with the country’s conservative social framework. What’s particularly interesting is that surrogacy agreements in Iran are based on contracts, providing a clear legal foundation for the arrangement.
In practical terms, this means that the intended parents—those commissioning the surrogacy—are legally recognised as the parents of the child from birth. This contractual approach is remarkably similar to California’s surrogacy laws, where intended parents are also legally established as the child’s parents, bypassing the surrogate’s parental rights once the contract is fulfilled.
This contract-based recognition is a crucial factor that makes Iran’s surrogacy process surprisingly straightforward, especially when compared to many other countries where surrogacy laws can be ambiguous or prohibit the practice outright.
Egg Donation: More Accessible than You Might Think
In addition to surrogacy, egg donation is also available in Iran. This might come as a surprise given the country’s religious leadership, which one would expect to impose restrictions on such practices.
Yet, Iran’s regulatory framework has found ways to permit egg donation, allowing intended parents who require donor eggs to access this option legally. This availability further broadens the possibilities for couples facing infertility challenges.
Why Have Australian Couples Chosen Iran?
Given the distance and cultural differences, it’s natural to wonder why Australian couples would opt for surrogacy in Iran. The answer lies in the combination of legal clarity, accessibility, and the ability to pursue surrogacy in a framework that respects the intended parents’ rights.
For many Australians, navigating surrogacy laws within their own country can be a complex and sometimes prohibitive process. Some states have restrictive regulations, and international surrogacy can be fraught with legal uncertainties regarding parentage and citizenship of the child.
Iran’s contract-based model, which clearly establishes the intended parents as the legal parents, offers a level of certainty that is attractive to intended parents. Moreover, the availability of egg donation and the willingness of some clinics in Iran to facilitate these arrangements make it a viable option for those willing to travel.
From my experience working with five Australian couples who have successfully completed surrogacy in Iran, the process, while requiring careful legal preparation and understanding of local laws, has been manageable and transparent.
The Current Safety Concerns: Why Iran Is Not a Surrogacy Destination Right Now
Despite the legal accessibility and the somewhat straightforward nature of surrogacy in Iran, there is a critical factor that cannot be overlooked: safety.
As of June 2025, the geopolitical situation in Iran has deteriorated significantly. Just two weeks ago, Israel began bombing parts of Iran, and Iran responded by sending drones back. This escalating conflict has created an environment that is unsafe for travellers, including those considering surrogacy arrangements.
Given these developments, I strongly advise against pursuing surrogacy in Iran at this time. Regardless of how favourable the legal framework might be, personal safety must take precedence. No intended parent should face the risk of being caught in a conflict zone or worry about the safety of their surrogate mother and unborn child in such circumstances.
It is essential to wait until the conflict subsides and stability returns before considering Iran as a surrogacy destination again. Until then, alternative countries with safer conditions should be explored.
Safety First: What Intended Parents Should Consider
- Travel Restrictions and Risks: The ongoing conflict means that travel to Iran is risky and may be restricted by governments worldwide.
- Healthcare Access: In a conflict zone, access to quality prenatal and delivery care can be compromised, endangering the health of both surrogate and baby.
- Legal Uncertainty: While the legal framework is currently stable, any escalation in conflict could disrupt legal processes or enforcement.
- Emotional and Psychological Stress: The stress of being in or dealing with surrogacy in a conflict zone can take a toll on all parties involved.
The Surprising Parallel: Iran and California’s Surrogacy Laws
One of the most fascinating aspects of Iran’s surrogacy system is how closely it mirrors California’s approach, despite the vast differences in culture, religion, and governance between these two places.
California is often seen as a global leader in surrogacy law, offering clarity, protection, and recognition for intended parents. Iran’s contract-based approach, which places parentage rights clearly on the intended parents, essentially solves the same legal issues in a similar way.
“You’d think California and Iran have nothing to do with each other, but in reality, they both come up with the same solution.”
This convergence highlights how different legal systems can arrive at comparable solutions when addressing the challenges of assisted reproduction, particularly the need to protect the rights and intentions of those commissioning surrogacy.
What’s Next for Australian Couples Considering International Surrogacy?
For Australian couples thinking about international surrogacy, it’s important to weigh all factors carefully—legal, cultural, financial, and safety concerns.
While Iran may have offered an attractive option in the past, the current geopolitical realities mean it is not a viable choice at this time. Instead, intended parents should consider other countries with stable legal frameworks and safe environments.
Additionally, consulting with experienced family and fertility lawyers is crucial. Navigating international surrogacy involves complex legal issues around parentage, citizenship, and compliance with both home and host country laws.
Key Takeaways for Intended Parents
- Understand the legal framework: Know who is recognised as the legal parent in the surrogacy jurisdiction.
- Assess safety conditions: Prioritise the physical safety of the surrogate, child, and intended parents over legal convenience.
- Seek expert legal advice: Work with lawyers experienced in international surrogacy to navigate contracts, parental rights, and citizenship.
- Be prepared for contingencies: Have plans in place for unexpected developments, including geopolitical instability or changes in law.
Conclusion
Surrogacy in Iran presents a unique and somewhat surprising legal landscape that has attracted Australian couples seeking clear parental recognition and access to egg donation. The contract-based approach that Iran employs closely resembles the model used in California, offering intended parents a straightforward way to secure their parental rights.
However, the current geopolitical situation in Iran makes it unsafe to pursue surrogacy there. The escalating conflict means that despite the legal accessibility, safety concerns must take priority.
For now, Australian intended parents should explore other international surrogacy options and remain vigilant about the evolving situation in Iran. Consulting with family and fertility law experts remains essential to ensure any surrogacy journey is legally sound and safe.
Surrogacy is a deeply personal and complex journey, and choosing the right destination requires balancing legal clarity with safety and ethical considerations. While Iran’s surrogacy laws may be promising on paper, the current environment demands caution and patience.
As always, stay informed, seek professional guidance, and prioritise the well-being of everyone involved in this life-changing process.
