7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses Yes
b. refund of other expenses No
c. compensation for loss of income No
d. other compensation including non-pecuniary No
e. remuneration or comparable advantage No
8. Can the surrogate also be the oocyte donor? No general prohibition but it depends on the conditions set by the fertilization centers
8. Can the surrogate also be the oocyte donor? N/A
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? Surrogacy is not explicitly prohibited and is commonly performed. So far this has not happened, although there are reports of overstepping Czech law. However, where there is no prosecutor (so far), there is no judge. If a plaintiff were found, any of the persons mentioned could be criminalized if they were found to have violated the prohibition against financial gain from the human body or the prohibition against trafficking in human beings, especially women and children.
a. surrogate mother
b. intended parent(s)
c. gamete donor
d. facilitator
12. Subject to the applicable law, are you aware of the following unlawful practices in your country?
a. remuneration of the surrogate No
b. remuneration of the gamete donor No
c. advertising for surrogacy services No
d. remuneration of facilitators No
e. any other unlawful practices (please specify) Yes
For several years, the Czech Republic has been a country where Ukrainian surrogate mothers go to give birth and hand over their children to foreign clients, usually single men. However, giving birth and registering a child when both parents agree is not in itself a criminal offence. The procedure is cleverly planned by the actors into successive steps in different countries, where each partial step is legal. The Czech police have been monitoring these practices for a long time in cooperation with other countries. However, international surrogacy obviously cannot be solved without common international legislation.
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) No
b. other criteria (please specify) No. Surrogacy is not regulated by law. The Czech MAR Society has issued recommendations (exclusively medical indications, weighting with the applicants' own gametes, transfer of a single embryo, age of the surrogate mother under 49, surrogate mothers’ permanent residence in the Czech Republic, etc.), but the compliance is not enforceable.
9. Is it lawful to advertise surrogacy services? Yes. No specific prohibition, these procedures are offered, for example, on the sites of the MAR centers. However, the Czech Transplantation Act says: Advertising and advertising for the purpose of demand or offer of organs are prohibited
10. Is it lawful to remunerate a facilitator/surrogacy agency No. No agency officially exists yet. But at least one private centre seeks out prospective surrogate mothers and offers mediation to those interested in the procedure.
5. Is surrogacy prohibited in your country?
a. any form of surrogacy No
b. only specific forms of surrogacy (e.g. commercial) (please specify) Yes. According to Czech legislation, the human body and its parts must not be a source of financial gain.
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level Yes
19. Please specify any additional relevant aspects which were not mentioned.
Draft proposal on surrogacy from Iceland
Background
Main elements of the proposed Icelandic legislation on Altruistic Surrogacy
1. Is surrogacy regulated by a specific law in your country? No. The Health (Assisted Human Reproduction) Bill 2022 (the AHR Bill) was introduced to, and passed Second Stage in, the Dáil (lower House of the Irish Parliament) in March 2022. The focus of this Bill is on the regulation, for the first time in this country, of a wide range of assisted human reproduction (AHR) practices undertaken within the jurisdiction. The Bill as initiated provided for domestic altruistic surrogacy but did not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions. In March 2024 the Bill passed Committee Stage (Third Stage) in the Dáil. The AHR Bill, as amended at Committee Stage, includes new provisions in respect of the regulation of international surrogacy agreements and the recognition of certain past surrogacy arrangements.
2. Is surrogacy regulated in another way? (please specify) No, but in February 2012, the Department of Justice and Equality issued a guidance document to parents seeking travel documents for children born outside the State as a result of surrogacy arrangements entitled: Citizenship, Parentage, Guardianship and Travel Document Issues in Relation to Children Born as a Result of Surrogacy Arrangements Entered Into Outside the State. A pre-condition of granting emergency travel documents is that the genetic father (intending father) makes an application for a declaration of parentage and guardianship for the child within 10 working days of the arrival of the child into the State.
3. Has surrogacy been the subject of jurisprudence/court cases in your country?
MR and Anor – v- An tArd Chlaraitheoir & Ors [2014]
This case concerned an arrangement whereby a woman agreed to act as a surrogate for her sister and brother-in-law (the commissioning couple). The commissioning couple provided the genetic material (egg and sperm), which ultimately resulted in the birth of twins. The commissioning couple sought to have the birth register altered so that the commissioning couple were both registered as the legal parents. The Registrar refused to do so, on the principle that under Irish law the woman who has given birth to a child is always regarded as the legal mother. That refusal was challenged in the High Court.
In his judgment of 5th March 2013, Judge Abbott found in favour of the commissioning couple. He held that the genetic mother, and not the birth mother, was the mother, and that the person with the genetic/blood link was entitled to be registered as the parent on the birth certificate.
In February 2014, the State appealed Judge Abbott’s decision on the grounds that: it could create uncertainty regarding the parentage and parental rights of children born as a result of egg donation; demean the role of birth mother; lead to an opinion that commercial surrogacy is not unlawful; and result in the Registrar requiring genetic proof of maternity for every birth.
In November 2014 the Supreme Court overturned the High Court decision on the basis that the case had raised important, complex and social issues which are best addressed by the Oireachtas rather than the judiciary.
High Court Ruling:
Supreme Court Ruling: http://www.courts.ie/Judgments.nsf/0/E238E39A6E756AB480257D890054DCB6
4. Is there a legal definition of the term “surrogacy”? (please specify) No.
A legal definition of the term in the AHR Bill, as initiated, is as follows:
“‘surrogacy’ means an agreement, between a woman and the intending parents (or, in the case of a single intending parent, that intending parent) under which the woman agrees to attempt to become pregnant, by the use of an egg other than her own, and, if successful, to transfer the parentage of any child born as a result of the pregnancy to the intending parents (or, in the case of a single intending parent, that intending parent)”.
However, this definition is subject to amendment and may not be the version in the finalised AHR legislation by the time it has passed through all stages in both Houses of the Oireachtas and has been enacted.
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father No
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. Adoption procedures
15. Is the existence of a genetic link required for establishing paternity/maternity? No
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father No
17. Are foreign birth certificates in surrogacy cases registered in your country No
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s))
It is proposed that access to surrogacy will be made available on the basis of medical need.
b. other criteria (please specify)
The proposed legislation sets out additional criteria which must be met by the intending parents in order for the surrogacy to be approved by the Regulatory Authority, the establishment of which the draft legislation also provides for. Under the draft legislation, for example, each intending parent must be 21 years of age or over and at least one intending parent in each surrogacy must be habitually resident in Ireland.
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother Yes
b. intended parent(s)
c. gamete donor
d. facilitator
12. Subject to the applicable law, are you aware of the following unlawful practices in your country?
a. remuneration of the surrogate No
b. remuneration of the gamete donor No
c. advertising for surrogacy services No
d. remuneration of facilitators No
e. any other unlawful practices (please specify) Yes
9. Is it lawful to advertise surrogacy services? N/A
10. Is it lawful to remunerate a facilitator/surrogacy agency No
13. Who is recognised as the legal parent(s) of a child born following surrogacy? The intended parent(s) are recognised as the legal parent(s) of a child born following surrogacy (Article 8, paragraph 7 of Law No. 32/2006). An amendment to the Law establishing the terms under which consent might be revoked by the surrogate mother up to 20 days after the child was born, thus making the surrogate the legal parent, but with no genetic ties, was rejected in 2019 by the Constitutional Court before the Bill was enacted.
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father No
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? No
15. Is the existence of a genetic link required for establishing paternity/maternity? Yes, at least one of the intended parents (Article 8, paragraph 3 of Law No. 32/2006).
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? Besides the intended parent who has consented to the use of the technique in question, other parties may be mentioned in the birth certificate (Article 20), namely the person to whom she is married or linked by registered partnership. The respective parenthood shall be established at the time of registration.
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father No
17. Are foreign birth certificates in surrogacy cases registered in your country Competent authorities are not aware of any requests at this juncture.
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) Yes.
b. other criteria (please specify) Not commercial
1. Is surrogacy regulated by a specific law in your country? No
2. Is surrogacy regulated in another way? (please specify) Yes
a. family code art 2 and 123
b. Ministry of Health of Ukraine, orders N 52/5 jan18x2000
3. Has surrogacy been the subject of jurisprudence/court cases in your country? Yes. Very rare, when conflict during the surrogacy process appeared.
4. Is there a legal definition of the term “surrogacy”? (please specify) Yes. Order N787 from 9/09/2013 on medically assisted procreation and reproductive technologies.
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? NA
a. surrogate mother
b. intended parent(s)
c. gamete donor
d. facilitator
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? No
a. remuneration of the surrogate
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)
5. Is surrogacy prohibited in your country?
a. any form of surrogacy No
b. only specific forms of surrogacy (e.g. commercial) (please specify) Commercial
8. Can the surrogate also be the oocyte donor? Yes
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother No
b. intended parent(s) No
c. gamete donor No
d. facilitator Yes
12. Subject to the applicable law, are you aware of the following unlawful practices in your country?
a. remuneration of the surrogate No
b. remuneration of the gamete donor No
c. advertising for surrogacy services No
d. remuneration of facilitators No
e. any other unlawful practices (please specify) No
8. Can the surrogate also be the oocyte donor? NA
5. Is surrogacy prohibited in your country?
a. any form of surrogacy No
b. only specific forms of surrogacy (e.g. commercial) Commercial. Commercial surrogacy arrangements are prohibited under the Surrogacy Arrangements Act 1985.
1. Is surrogacy regulated by a specific law in your country? Yes.
The Law on Medically Assisted Reproduction N.69(I) (initially approved by the Cyprus Parliament in 2015). This law has been revised in July 2016 regarding the qualifications of the Members of the Board on Medically Assisted Reproduction. More importantly, however, Article 23 of the 2015 Law has been amended and the details are given below:
2. Is surrogacy regulated in another way? (please specify) Yes.
According to Article 24(1) of the Law [N.69(I)/(2015)], following the appropriate authorization by the Board of Medically Assisted Reproduction a Court order is also required to regulate issues that would lead to the successful implementation of the surrogacy agreement.
3. Has surrogacy been the subject of jurisprudence/court cases in your country? Yes. However, Court Cases in Cyprus, in reference to surrogacy, concern surrogacy disputes that have originated from agreements carried out in other Countries.
4. Is there a legal definition of the term “surrogacy”? (please specify) Yes. According to the Law, surrogacy is the case during which a woman carries and gives birth to a child on behalf of a couple following the transfer, using in-vitro fertilization methods, of an embryo produced with genetic material unrelated to the surrogate mother.
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother No
b. oocyte donor No
c. sperm donor No
d. intended mother Yes
e. intended father Yes
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. In accordance with Article 25 of the Law, immediately after the birth of a child through surrogacy, parentage is immediately transferred to the intended parents.
15. Is the existence of a genetic link required for establishing paternity/maternity? No
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother No
b. oocyte donor No
c. sperm donor No
d. intended mother Yes
e. intended father Yes
17. Are foreign birth certificates in surrogacy cases registered in your country? We do not have any information on this to allow us to answer this question
5. Is surrogacy prohibited in your country?
a. any form of surrogacy No
b. only specific forms of surrogacy (e.g. commercial) (please specify) Yes
Both the woman who wishes to become a mother through surrogacy and the surrogate mother must have their permanent or usual legal residency in Cyprus. Any surrogacy agreement on a commercial basis is prohibited; Advertisement for entering surrogacy agreement is prohibited.
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) No
b. other criteria (please specify) No
8. Can the surrogate also be the oocyte donor? N/A
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) Yes. Access to surrogacy is subject to medical criteria, namely in cases of absence of uterus, injury or disease of this organ that prevents pregnancy of the intended mother, or in other justifiable clinical situations (Article 8, paragraph 2 of Law No. 32/2006).
b. other criteria (please specify) Yes
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes. Gratuitous surrogacy is pendant on a new legislative revision.
b. only specific forms of surrogacy (e.g. commercial) (please specify) No. Commercial forms of surrogacy are explicitly forbidden (Article 8, paragraph 2 of Law No. 32/2006).
18. Is there:
a. any public discussion about the topic YES, following the SOU mentioned below.
b. planning of new regulation at national level NO: In the recent publication on the 24th February 2016 “Olika vägar till föräldraskap (SOU 2016:11)” a government inquiry had been issued to consider different ways to increase the possibilities for involuntarily childless people to become parents. That included considering whether to permit altruistic surrogacy, if any, in Sweden. The conclusion was that commercial surrogacy should not be permitted, nor should altruistic surrogacy, in the Swedish health system, and that society should also counter that type of surrogacy. The final report has been submitted to a large number of stakeholders, organisations and authorities, for comments by the 23rd June 2016.
19. Please specify any additional relevant aspects which were not mentioned.
13. Who is recognised as the legal parent(s) of a child born following surrogacy? Other: Depends on circumstances. A husband of a woman who gives birth to a child is recognized as the legal father. If the woman is unmarried the legal father has to actively confirm his parenthood and its likeliness to achieve legal parenthood.
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father No
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes, if the adoption procedure of the country where the child is born is accepted by the Swedish authorities, the adoption will be recognized in Sweden. However, in the one known case where the child was born in Sweden, the adoption was denied because the legal parents withdrew their consent.
15. Is the existence of a genetic link required for establishing paternity/maternity? See above question 13 f. In a surrogacy situation the child has to be legally adopted by the intended parents in the birth country, and the adoption has to be recognized by the Swedish court. If a child was to be born in Sweden the woman who gives birth and her husband are considered legal parents. Also in this case an adoption would have to be approved in a surrogate situation.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother Yes, in a Swedish birth certificate the woman giving birth would be mentioned as the legal mother
b. oocyte donor Yes, a donor is registered in a special donor record
c. sperm donor Yes, a donor is registered in a special donor record
d. intended mother No, unless mentioned in a medical file
e. intended father No, unless mentioned in a medical file
17. Are foreign birth certificates in surrogacy cases registered in your country No, not as such
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother No
b. intended parent(s) No
c. gamete donor Yes, if remuneration is involved
d. facilitator Yes, if remuneration is involved
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? No
a. remuneration of the surrogate
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)
9. Is it lawful to advertise surrogacy services? No. It is according to Swedish marketing laws not considered “god sed” (good ethics/good tradition) to advertise illegal services.
10. Is it lawful to remunerate a facilitator/surrogacy agency No
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) No
b. other criteria (please specify) No
No. Access to a Parental Order, to confer legal parenthood on the intended parents following surrogacy, is subject to being able to satisfy certain criteria (see question 14).
9. Is it lawful to advertise surrogacy services? No. This is prohibited by the Surrogacy Arrangements Act 1985.
10. Is it lawful to remunerate a facilitator/surrogacy agency No. This is prohibited by the Surrogacy Arrangements Act 1985. Any UK-based surrogacy organisation must run as not-for-profit.
1. Is surrogacy regulated by a specific law in your country? No. The absence of a ban is to be declared as a permit. The one-off steps are regulated by the laws of MAR, adoption, determination of parenthood, and the donation of parts of the body.
2. Is surrogacy regulated in another way? (please specify) Yes. MAP regulation, laws of adoption, determination of parenthood, and the donation of parts of the body.
3. Has surrogacy been the subject of jurisprudence/court cases in your country? Not yet.
4. Is there a legal definition of the term “surrogacy”? (please specify) No.
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses Yes
b. refund of other expenses Yes
c. compensation for loss of income Yes
d. other compensation including non-pecuniary No
e. remuneration or comparable advantage No
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor Yes. If sperm has been used domestically outside fertility treatments in order to fertilize an unmarried woman, the sperm provider will be considered as the father. If sperm has been used in fertility treatment for surrogacy abroad, confirming paternity depends on the recognition of the foreign decision and the circumstances involved.
d. intended mother No. Intended mother is not recognized as mother unless legal transfer of motherhood from the birth mother has taken place.
e. intended father No. Intended father without genetic link to the child is not recognized as father unless legally valid transfer of parentage has taken place. Whether consent to fertility treatment abroad is considered sufficient will depend on the recognition of the foreign decision and the circumstances involved.
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes, Adoption procedures may be applied in some cases. However, there are no specific provisions in the Adoption Act (22/2012) with respect to surrogacy.
15. Is the existence of a genetic link required for establishing paternity/maternity? No, however, in absence of genetic link, for paternity, marriage to the birth mother, valid consent to fertility treatment or a valid adoption decision will be required for recognition of paternity. In practice, these will all be international cases where rules on private international law on recognition of foreign decisions on paternity will be applied. According to Section 2 of the Maternity Act (253/2018), the person who has given birth to a child is the mother of the child irrespective of genetic link. The Act also includes the private international rules on maternity as stated under question no. 2.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? Not applicable, as medically assisted surrogacy is prohibited.
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor Yes
d. intended mother No
e. intended father No
17. Are foreign birth certificates in surrogacy cases registered in your country Yes. Section 45, paragraphs 3 and 4 of the Maternity Act (253/2018) state the conditions for recognition of foreign decisions and birth certificates in surrogacy cases.
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother Yes. Prosecution is possible on grounds of voluntary substitution, simulation or dissimulation resulting in an infringement of the civil status of a child (Article 227-13 of the criminal code).
b. intended parent(s) Yes
c. gamete donor, d. facilitator Yes
Article 227-12, paragraph 1 of the criminal code establishes a penalty of 6 months’ imprisonment and a fine of € 7,500 for the act of inciting one or both parents to abandon a child or an expected child either for commercial gain or through enticements, promises, threats or abuse of position.
Article 227-12, paragraph 2 establishes a penalty of one year’s imprisonment for having acted or sought to act as an intermediary, for commercial gain, between a person wishing to adopt a child and a parent wishing to relinquish his or her child. Article 227-12, paragraph 3 also establishes the same penalty for acting as an intermediary between a person or a couple wishing to receive a child and a women prepared to bear this child for the purpose of giving it to them, and two years’ imprisonment and a fine of € 30,000 for such acts when they have been committed repeatedly or for commercial gain. Attempting to commit these offences is also punishable.
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? There is no legal information network. The information obtained by the French authorities is opportunistic: the sources are criminal investigations or data collected during civil cases brought by the families concerned in order to have foreign birth certificates transcribed in France.
a. remuneration of the surrogate No
b. remuneration of the gamete donor No
c. advertising for surrogacy services No
d. remuneration of facilitators No
e. any other unlawful practices (please specify) No
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify) No
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive:
a. refund of medical expenses No
b. refund of other expenses No
c. compensation for loss of income No
d. other compensation including non-pecuniary No
e. remuneration or comparable advantage No
5. Is surrogacy prohibited in your country?
a. any form of surrogacy No
b. only specific forms of surrogacy (e.g. commercial) (please specify) Yes
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes. But then adopted by the intended parents.
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father No
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. Now only adoption; but is under discussion in the Parliament.
15. Is the existence of a genetic link required for establishing paternity/maternity? Not yet, under discussion in the Parliament.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? Only the woman giving birth is involved and the father.
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
17. Are foreign birth certificates in surrogacy cases registered in your country No
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother NA
b. intended parent(s) NA
c. gamete donor Yes
d. facilitator Yes
12. Subject to the applicable law, are you aware of the following unlawful practices in your country?
a. remuneration of the surrogate No
b. remuneration of the gamete donor No
c. advertising for surrogacy services No
d. remuneration of facilitators No
e. any other unlawful practices (please specify) No
5. Is surrogacy prohibited in your country?
a. any form of surrogacy Yes
b. only specific forms of surrogacy (e.g. commercial) (please specify) -
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency No
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level Yes
Since the publication of the news (2022) that Prague is a place of birth and handover of children from Ukrainian surrogate mothers to foreigners, the topic is still present in all media. It is very often addressed by MPs, and in 2023 there were three independent parliamentary motions to ban the procedure, none of which were adopted. The Ministry of Justice is currently drafting legislation, the intention is strict regulation, not a ban.
19. Please specify any additional relevant aspects which were not mentioned.
In March 2023, the Casablanca Declaration was announced, calling for a universal ban on surrogacy. The representative of the CR (a member of the CDBIO) was one of the signatories and spokesperson directly in Casablanca at the announcement of the call (of course not on behalf of the CR, it is a private professional position) and continues to be a member of the active Casablanca team. The next meeting is at the beginning of April in Rome, the agenda is here: https://declaration-surrogacy-casablanca.org/wp-content/uploads/2024/02/Programme-Rome-En.pdf.
18. Is there:
a. any public discussion about the topic No
b. planning of new regulation at national level No
19. Please specify any additional relevant aspects which were not mentioned. N/a
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) N/A
b. other criteria (please specify) N/A
8. Can the surrogate also be the oocyte donor? N/a
9. Is it lawful to advertise surrogacy services? It is proposed that advertisements seeking a person to act as a surrogate or offering to act as a surrogate will be prohibited.
10. Is it lawful to remunerate a facilitator/surrogacy agency It is proposed that it will be an offence to receive renumeration for arranging a domestic surrogacy agreement. Under the proposed provisions regarding international surrogacy agreements, the utilisation of intermediaries abroad may be permitted if certain conditions are met.
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? N/A
a. surrogate mother
b. intended parent(s)
c. gamete donor
d. facilitator
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? N/A
a. remuneration of the surrogate
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)
5. Is surrogacy prohibited in your country?
a. any form of surrogacy
b. only specific forms of surrogacy (e.g. commercial) (please specify)
It is proposed that under the planned legislation commercial surrogacy will be prohibited; however, the reimbursement of reasonable expenses will be permitted.
It is proposed that only gestational surrogacy will be permitted and there will have to be a genetic link to at least one of the intending parents.
8. Can the surrogate also be the oocyte donor? It is proposed that traditional or partial surrogacy will be prohibited and that only gestational surrogacy will be permitted.
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father No
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? No. Surrogacy is not allowed in the country.
15. Is the existence of a genetic link required for establishing paternity/maternity? NA
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? NA
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
17. Are foreign birth certificates in surrogacy cases registered in your country NA
13. Who is recognised as the legal parent(s) of a child born following surrogacy? The surrogate mother is always the legal mother of the child (mater semper certa est). When the surrogate mother is married, her husband will be the legal father of the child. When the surrogate mother is not married, the intended father can claim legal parenthood by acknowledging the child. The only way currently for intended parents to gain full legal parenthood (and for the surrogate mother to end her parenthood) is through adoption (or recognition of the foreign birth certificate or foreign court decision). This would change with the new legislation in preparation; which would allow legal parenthood by the intended parents from the moment of birth of the child.
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father Yes/No
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes, adoption proceedings. See also the previous answers.
15. Is the existence of a genetic link required for establishing paternity/maternity? No
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father Yes/No
17. Are foreign birth certificates in surrogacy cases registered in your country. This depends on what information is on the birth certificate. In general, Dutch law requires the mother who gives birth to be on the birth certificate. (but see earlier answer with reference to jurisprudence deviating from this starting point) As a result, a foreign birth certificate on which the intended parents are listed as the legal parents without mentioning the birth/surrogate mother is not recognized in practice because of a violation of Dutch public policy (ordre public). If this is the case, the birth data can be determined in the Netherlands and included in a (new) birth certificate.
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level Yes
In 2016, the Government Committee on the reassessment of parenthood gave an advisory report on surrogacy and parenthood. The government has decided to regulate surrogacy by law and last summer a bill has been sent to Parliament. In Novembre 2023 there have been elections and a new Government will be formed.
19. Please specify any additional relevant aspects which were not mentioned. NA
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother No
b. oocyte donor No
c. sperm donor No
d. intended mother Yes
e. intended father Yes
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes, order N 787, 2013
15. Is the existence of a genetic link required for establishing paternity/maternity? Yes. Only in cases of any conflict situation
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother No
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father No
17. Are foreign birth certificates in surrogacy cases registered in your country No. No cases are known
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? NO
a. surrogate mother
b. intended parent(s)
c. gamete donor
d. facilitator
c. gamete donor
d. facilitator
12. Subject to the applicable law, are you aware of the following unlawful practices in your country?
a. remuneration of the surrogate
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)
9. Is it lawful to advertise surrogacy services? N/A
10. Is it lawful to remunerate a facilitator/surrogacy agency? N/A
6. Is access to surrogacy subject to specific criteria?
a. medical criteria (e.g. infertility of the intended parent(s)) No
b. other criteria (please specify) No
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:
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)".
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive: Not applicable, as medically assisted surrogacy is prohibited.
a. refund of medical expenses N/A
b. refund of other expenses N/A
c. compensation for loss of income N/A
d. other compensation including non-pecuniary N/A
e. remuneration or comparable advantage N/A
6. Is access to surrogacy subject to specific criteria? Not applicable, as medically assisted surrogacy is prohibited.
a. medical criteria (e.g. infertility of the intended parent(s))
b. other criteria (please specify)
13. Who is recognised as the legal parent(s) of a child born following surrogacy? NA
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? NA
15. Is the existence of a genetic link required for establishing paternity/maternity? NA
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? NA
a. surrogate mother
b. oocyte donor
c. sperm donor
d. intended mother
e. intended father
17. Are foreign birth certificates in surrogacy cases registered in your country NA
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? NA
a. surrogate mother
b. intended parent(s)
c. gamete donor
d. facilitator
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? NA
a. remuneration of the surrogate
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level Yes
19. Please specify any additional relevant aspects which were not mentioned.
5. Is surrogacy prohibited in your country? NA
a. any form of surrogacy
b. only specific forms of surrogacy (e.g. commercial) (please specify)
8. Can the surrogate also be the oocyte donor? NA
9. Is it lawful to advertise surrogacy services? NA
10. Is it lawful to remunerate a facilitator/surrogacy agency NA
18. Is there:
a. any public discussion about the topic No
b. planning of new regulation at national level Yes
19. Please specify any additional relevant aspects which were not mentioned. NA
8. Can the surrogate also be the oocyte donor? No
1. Is surrogacy regulated by a specific law in your country? No
2. Is surrogacy regulated in another way? (please specify) Yes. Any form of surrogacy is forbidden in Lithuania by the Law on Medically Assisted Procreation of the Republic of Lithuania (2016-09-14 No. XII-2608)
3. Has surrogacy been the subject of jurisprudence/court cases in your country? No
4. Is there a legal definition of the term “surrogacy”? (please specify) Yes. In the Law on MAP of the Republic of Lithuania surrogacy is defined as a civil agreement, when a woman commits herself to get pregnant, to carry the child to term and then to give the child to another person or persons, and to renounce all the maternity rights concerning the born child.