In which countries is surrogacy legal?
Countries such as France, Italy, Finland, Iceland, Germany, Italy, Spain, Portugal, Pakistan, and Bulgaria prohibit all forms of surrogacy. Commercial surrogacy (where the surrogate mother is paid beyond reasonable birth expenses) is prohibited in the UK, Australia, Hungary, Canada, Ireland, Denmark, Belgium, Hong Kong, Netherlands, and New Zealand.
People who live in a country where surrogacy is illegal may go abroad if their home country does not allow surrogacy. According to Families Through Surrogacy, an international non-profit surrogacy organization, in 2014, the UK has the highest number of people in Europe seeking surrogacy overseas and the second-highest globally after Australia. The organization estimates that hundreds of UK residents travelled abroad in 2014 to Thailand and the US - the two most common surrogacy destinations.
Mexico: Tabasco was the only state in Mexico to allow surrogacy. Once viewed as a less expensive alternative to the United States, Tabasco experienced a boom in surrogacy but not without complications. In April of 2015, a San Jose, CA couple experienced a delay in obtaining a birth certificate through Mexican officials after having their son via surrogate. The couple set up a Go Fund Me page in order to help cover hotel costs and legal fees. The intended father stated they chose Mexico as it was “the closest country besides India” where they could arrange surrogacy within their price range. In May of 2015 Mexican authorities issued the birth certificate as an “exception” for the couple through a human rights attorney. In December of that year, Tabasco passed legislation to regulate surrogacy to only Mexican citizens with health insurance that could cover birth expenses. Further, women hiring the surrogate must present proof that they are not able to carry the baby to term and be between the ages of 25 and 40.
India: The Surrogacy (Regulation) Bill, 2016 (India) has been Cabinet approved. The number one proposition on the bill is to abolish commercial surrogacy. One of the proponents of this law is to protect the surrogate mother who many feel are being exploited. This bill is facing backlash from the surrogates who it is proposing to protect. Many of the women who are surrogate mothers are using it as their source of income. If approved in 2017 by Parliament, the law will also ban people who do not hold an Indian passport, as well as Indian single parents and gay people, from having children through surrogacy.
Thailand: Commercial surrogacy was supposedly banned by Thailand's Medical Council in 1997. In 2014, due to a couple of high profile cases involving surrogacy, Thailand decided to move forward in their legislation in order to help regulate the surrogacy system. The world was shocked by the case of “Baby Gammy” in which an Australian couple left their baby boy who was diagnosed with Down’s Syndrome with the surrogate mother but took home his non affected twin sister. That same year a Japanese man named Mitsutoki Shigeta’s case was exposed. Shigeta, the 24 year old son of a billionaire, was found to have spent over $500,000 in surrogacy fees and had fathered 16 surrogate children. These cases and the moniker “Womb of Asia” pushed the Thai government to press for tighter legal restrictions.
Under the new law, only married Thai couples or couples with one Thai partner who have been married at least three years can seek surrogacy, and commercial surrogacy is banned.
Anyone caught hiring a surrogate mother faces a maximum jail sentence of 10 years.
泰国：尽管商业代孕在1997年就已被泰国医学委员会禁止，但直到2014年由于一些涉及代孕的案件接连曝光，泰国司法机构才决定推进代孕领域的立法，从而规范代孕制度。首先曝光的是震惊世界的“Baby Gammy”案，一对澳大利亚夫妇遗弃了他们被诊断出患有唐氏综合征的儿子，把没有患病的孪生妹妹带回家。同年，日本Mitsutoki Shigeta案件被曝光。Shigeta，一个亿万富翁的24岁的儿子，花费超过500000美元的代孕费并生有16代孕子女。泰国，这个曾经的“亚洲子宫”，目前正严正打击各种非法代运行为。根据新法律，只有已婚的泰国夫妇或与已结婚至少三年的泰国伴侣的夫妇才可以寻求代孕，禁止商业代孕。任何人发现雇用代孕母亲面临最高10年监禁。
The United States:Surrogacy laws in the US vary by state. Much like how country surrogacy laws vary in regard to restriction towards age, sexual orientation, marital status or altruistic vs commercial surrogacy, so do these restrictions/laws vary by state. Americans whose home state does not allow surrogacy may go to another state with more favorable surrogacy laws should their home state be more difficult.
Some states forbid surrogacy. Under Indiana law, surrogacy contracts are “void and unenforceable” though some courts may grant pre birth orders. New York fines anyone who enters into a surrogacy contract up to $10,000. Agencies or lawyers who facilitate such agreements are fined on the first offense and charged with a felony on a second offense. Individuals who enter into surrogacy arrangements in Michigan may be fined up to $50,000 and imprisoned for up to five years.
Some states, such as Washington, permit uncompensated surrogacy arrangements but declare compensated ones void and unenforceable. Under Nebraska law “[a] surrogate parenthood contract entered into shall be void and unenforceable.” This provision applies to compensated surrogacy agreements in which the surrogate “is compensated for bearing a child of a man who is not her husband.”
California law, as established in rulings of the California Supreme Court, is very favorable to surrogacy. In the notable cases of Calvert v. Johnson (1993) and Buzzanca v. Buzzanca (1998), California first established and then reinforced its position that intent governs in the determination of parentage in gestational surrogacy situations. If court documents are properly filed, intended parents can legally be regarded as the baby’s parents before birth.
加利福尼亚有着非常利于代孕的法律环境。著名的卡尔弗特诉约翰逊的案例（1993）和Buzzanca v. Buzzanca（1998），使得加利福尼亚首次建立并加强了他们对代孕事件中亲子关系确定的态度。如果法庭文件准备充分，准父母在孩子出生前就可以合法地被视为代孕婴儿的亲生父母。
Nicola Scott, a lawyer with UK family law firm Natalie Gamble Associates, says that about 25% of her firm's clients go to the US, often because they feel it is safer.
"The US has a very long history of surrogacy. One reason is that the parents know there are established frameworks in many states, particularly California, so there is safety associated with going there," she says.