Both commercial and altruistic forms are legal
No legal regulation
Only altruistic is legal
Allowed between relatives up to second degree of consanguinity
Banned
Uncertain
The legal aspects of surrogacy in any particular jurisdiction tend to hinge on a few central questions:
- Are surrogacy agreements enforceable, void, or prohibited? Does it make a difference whether the gestational carrier is paid (commercial) or simply reimbursed for expenses (altruistic)?
- What, if any, difference does it make whether the surrogacy is traditional or gestational surrogacy?
- Is there an alternative to post-birth adoption for the recognition of the intended parents as the legal parents, either before or after the birth?
Laws differ widely from one jurisdiction to another. Of the countries which allow surrogacy, many have residency or citizenship requirements for the intended parent(s) and/or the surrogate. Countries without such requirements often attract persons from abroad, being destinations for fertility tourism. In some countries, such as the United States, Canada or Australia, laws vary by state/territory.