1. Is surrogacy regulated by a specific law in your country? No specific law, but specific provisions in more general laws
2. Is surrogacy regulated in another way? (please specify) Yes.
According to Section 8 of the Act on Assisted Fertility Treatments (1237/2006), assisted fertility treatment cannot be provided, if there is reason to presume that the child will be given up for adoption.
According to Section 35 of the same Act, a person who intentionally provides assisted fertility treatment although there is reason to presume that the child will be up for adoption, shall be sentenced to a fine for assisted fertility treatment offence.
According to Section 45, Paragraph 3 of the Maternity Act (253/2018), a decision by which someone is established as the mother of a child instead of the person who has given birth to the child may be recognised only if:
- it has been issued in the state in which the person established as the mother is habitually resident at the time of the child’s birth and in which she has resided without interruption for at least one year before the birth of the child; or
- it is recognised in the state in which the person established as the mother is habitually resident at the time of the child’s birth and in which she has resided without interruption for at least one year before the birth of the child.
A decision of a court or another authority and the establishment or registration of a legal act is deemed a decision as referred to above, if the relationship between a child and a woman is considered a maternal relationship as a result of such a measure (Section 45, Paragraph 4).
3. Has surrogacy been the subject of jurisprudence/court cases in your country? Yes. Surrogacy has been subject of court cases with regard to surrogacy arrangements performed abroad. Some of the intended parents have sought recognition of legal parentage from the courts.
4. Is there a legal definition of the term “surrogacy”? (please specify) No. There is no legal definition in the letter of law. However, in a memorandum published by the Ministry of Justice in September 2012, surrogacy arrangements have been described as ”arrangements, where a woman (surrogate mother) becomes pregnant and gives birth to a child with the intention of the child to be given away after birth and to be raised by another person or couple (intended parent/parents)".