Where is surrogacy available overseas?

I’m asked often where surrogacy is available overseas, so I’ve created this list. Anyone who is wanting to make a baby by the most complex means known to humanity- international surrogacy-  should get expert legal advice in Australia and the overseas country BEFORE they sign up to any surrogacy or donor arrangement. Not to do… Read More »Custom Single Post Header

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board

Where is surrogacy available overseas?

I’m asked often where surrogacy is available overseas, so I’ve created this list.

Anyone who is wanting to make a baby by the most complex means known to humanity- international surrogacy-  should get expert legal advice in Australia and the overseas country BEFORE they sign up to any surrogacy or donor arrangement.

Not to do so is foolish, and may result in them having committed a serious criminal offence, as well as possibly prejudicing having their child living in Australia.

The Department of Foreign Affiars and Trade in its travel advice says:

“International surrogacy is a complex and evolving area which raises significant legal and social considerations. Surrogacy is poorly regulated in many countries, which gives rise to a range of concerns for the welfare of the parties involved. Concerns include both the potential exploitation of women and differing approaches among countries to the legal rights of children born as a result of surrogacy.
We strongly caution Australians to consider all legal and other risks involved in pursuing international surrogacy, and to seek independent legal advice on Australian and foreign laws. You should be aware that the regulatory environment in a host country may change without warning. The absence of rules and regulations governing surrogacy in some countries should not be seen as condoning commercial surrogacy. The risks of entering into such arrangements in less regulated markets are high.”


Country
Available Now?
Comments
Europe
Republic of Georgia
Yes- for heterosexual married couples.
Generally not recommended.
Greece
Yes- for heterosexual married couples.
The surrogate will remain on the birth certificate. May be unlawful in some Australian states.
Russia
Yes- for heterosexual married couples. Grey area for gay couples or singles.
Can be well regulated. Quality of agencies and clinics varies greatly. May be unlawful in some Australian states.
Ukraine
Yes- for heterosexual married couples.
Can be well regulated. Quality of agencies and clinics varies. May be unlawful in some Australian states. Care needed.
United Kingdom
Yes
Availability is quite restricted.
Asia
India
For Indian citizens only – who are married, heterosexual couples.
Going to India may have many complications for Australian residents who fit the criteria. It is likely that the law in India will change soon, greatly restricting the availability of surrogacy further.
Laos
Yes
NOT RECOMMENDED
Thailand
Yes- but on a very restrictive basis
NOT RECOMMENDED
Vietnam
Yes- but on a very restricted basis
Unlikely to be available to Australians.
America
Canada
Yes
Well run, and recommended for most. However, legal issues remain and may be illegal in some Australian states if not handled carefully.
Mexico
Differing rules
NOT RECOMMENDED
USA
Yes
The quality of surrogacy in the US is generally very high. Some surrogacy in the US may be unlawful in some Australian states. Health insurance costs remains a live issue and needs to be properly planned.
Africa
Various African countries
Yes, in varying degrees
Generally NOT RECOMMENDED. South Africa regulates surrogacy well, but only available to South African residents.
Oceania
New Zealand
Yes
Availability is quite restricted.
Things to Read, Watch & Listen

Legal Parentage After Domestic Surrogacy Arrangements

Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at Growing Families’ National Conference Day Sydney.

Legal Aspects of Donation and Surrogacy in Queensland

On 11 June 2022, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at Monash IVF Qld Clinical Day regarding the legal aspects of donation and surrogacy in Queensland.

The Decline of Inter-Country Adoption

Our Director Stephen Page was honoured to be interviewed by London family lawyer Yasmin Khan-Gunns about her proposed essay on the decline of inter-country adoptions.