1.           Is surrogacy regulated by a specific law in your country? No             

2.           Is surrogacy regulated in another way? (please specify) No

3.           Has surrogacy been the subject of jurisprudence/court cases in your country? Not for the moment

4.           Is there a legal definition of the term “surrogacy”? (please specify) No      

9. Is it lawful to advertise surrogacy services? No

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))    N/A    

b. other criteria (please specify)   N/A      

1.            Is surrogacy regulated by a specific law in your country? No             

2.            Is surrogacy regulated in another way? (please specify) No

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) No

5.            Is surrogacy prohibited in your country?              

a. any form of surrogacy N/A             

b. only specific forms of surrogacy (e.g. commercial) (please specify) N/A

In Bosnia and Herzegovina there is no specific legislation related to surrogacy

1.            Is surrogacy regulated by a specific law in your country?   Yes. The law of Georgia on Health Care (LHC) - Chapter XXIII Family Planning.      

2.            Is surrogacy regulated in another way? (please specify)  No

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)  No

6.            Is access to surrogacy subject to specific criteria?             

a. medical criteria (e.g. infertility of the intended parent(s))  NA     

b. other criteria (please specify) NA

9.            Is it lawful to advertise surrogacy services?  Not regulated by law       

10.         Is it lawful to remunerate a facilitator/surrogacy agency Not regulated by law

8.            Can the surrogate also be the oocyte donor? NA

18.         Is there:              

a. any public discussion about the topic.  It used to be, see no. 3

b. planning of new regulation at national level   No  

19.         Please specify any additional relevant aspects which were not mentioned.  NA        

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        

• refund of medical expenses       
• refund of other expenses            
• compensation for loss of income             
• other compensation including non-pecuniary   
• remuneration or comparable advantage              

18.         Is there:             

a. any public discussion about the topic There is an important public debate on this topic, with a public opinion predominantly opposed to surrogacy

b. planning of new regulation at national level The bill approved by the Chamber of Deputies and forwarded to the Senate (No. 824), which incorporates proposals presented in the previous legislature (Nos. 2599 and 306, Chamber of Deputies), extends the application of Italian criminal law to the crime of surrogacy committed by Italian citizens abroad.  

19.         Please specify any additional relevant aspects which were not mentioned.     

Italy brought the Paradiso and Campanelli v. Italy case in front of the ECHR (judgment on 27 January 2015). A case of a child born in Russia following a surrogacy arrangement entered into by a couple who had no biological relationship with the child, contrary to allegations made by the applicants. The Italian State declared the child legally available for adoption and placed him under guardianship. The European Court of Human Rights condemned Italy. However, the Italian government appealed this decision and requested that the case be referred to the Grand Chamber of the ECHR. Grand Chamber hearing with the Italian government was held on 9 December 2015.  With the judgment on 24 January 2017, the ECHR established: “ The Court accepts that the Italian courts, having assessed that the child would not suffer grave or irreparable harm from the separation, struck a fair balance between the different interests at stake, while remaining within the wide margin of appreciation available to them in the present case. It follows that there has been no violation of Article 8 of the Convention”. The ECHR recognized that the measures in question were deemed proportionate to the protection of the overriding interest of the child and essential to avoid recognizing as legitimate a situation created in violation of rules important to the national system.

11.         If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?  

a. surrogate mother  Yes     

b. intended parent(s)   Yes

c. gamete donor   The sale of gamete is banned, not the donation           

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 

b.            remuneration of the gamete donor        

c.            advertising for surrogacy services    Yes        

d.            remuneration of facilitators        

e.            any other unlawful practices (please specify)     

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        

• refund of medical expenses       
• refund of other expenses            
• compensation for loss of income             
• other compensation including non-pecuniary   
• remuneration or comparable advantage              

6.            Is access to surrogacy subject to specific criteria?    See answer to question 2.      

a. medical criteria (e.g. infertility of the intended parent(s))       

b. other criteria (please specify)               

8.            Can the surrogate also be the oocyte donor? NA

11.         If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? If they violate article 151b and/or c of the penal code, which prohibits (commercial) mediation with the intend of surrogacy and making public the desire to be a surrogate mother or seeking one. The gamete donor is not included in the prohibition. In the bill that has been sent to Parliament is proposed to decriminalize making public the desire to be a surrogate mother or seeking one.

a. surrogate mother   Yes    

b. intended parent(s)    Yes 

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   No      

b. only specific forms of surrogacy (e.g. commercial) (please specify)   Yes. Commercial forms of surrogacy are explicitly forbidden (Article 8, paragraph 2 of Law No. 32/2006). Gratuitous surrogacy is pendant on a new legislative revision.    

9.            Is it lawful to advertise surrogacy services?   No      

10.         Is it lawful to remunerate a facilitator/surrogacy agency  No

1.            Is surrogacy regulated by a specific law in your country?   Yes. In Portugal, access to surrogacy is regulated by Law no. 25/2016, of 22 August, which amended Law no. 32/2006, of 26 July. On 24 April 2018, the Constitutional Court declared to be unconstitutional the conditions under which the surrogate could withdraw her consent, which led to the extinction of any pending surrogate gestation contracts - Judgement no. 225/2018. In July 2019, the Portuguese Parliament approved a new Decree which was again declared unconstitutional on the same account - Judgment no. 465/2019 of the Constitutional Court, a fact that led the President of the Republic to return the Decree to the Portuguese Parliament, without promulgation. The President of the Republic returned the Decree to the Portuguese Parliament, where the debate is ongoing. The revised bill will have to be approved by the Portuguese Parliament and by the President of the Republic, subject to the Constitutional Court rulings. In practical terms, the legal framework regulating surrogacy in Portugal is not currently in force and cannot be applied.           

2.            Is surrogacy regulated in another way? (please specify)  No

3.            Has surrogacy been the subject of jurisprudence/court cases in your country?   No. As the MAP techniques for the surrogacy cases authorized by the Portuguese National Council for Medically Assisted Procreation following the enactment of both the law and the regulatory decree had yet to be initiated, the effects of the Court rulings extended to all surrogacy contracts. Therefore, all contracts were cancelled and to this date no case has reached the judicial courts.

4.            Is there a legal definition of the term “surrogacy”? (please specify)  Yes. According to Article 8, paragraph 1 of Law No. 32/2006, “Surrogacy is defined as any situation in which a woman is prepared to carry out a pregnancy on behalf of third parties and to hand over the child after giving birth, thus renouncing the powers and duties of motherhood.”