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) No. It is considered illegal in Sweden because by Swedish law (lagen (2006:351) om genetisk integritet) a woman may only be inseminated or implanted if it is done with either her egg cells or her partner’s semen. In the case of single women it needs to be her own egg cells. A breach against this regulation for economical gain is sanctioned.
3. Has surrogacy been the subject of jurisprudence/court cases in your country? No. Not surrogacy as such, but the consequences for a child conceived by surrogacy are not accommodated to the situation, and therefore there are court rulings in adoption cases/ custodianship of children. As late as March 18th 2016 the Court of Appeal admitted a genetic mother to adopt twins conceived by surrogacy abroad (Svea Hovrätt, ÖÄ 945-16). In January 20th 2015 The Court of Appeal concluded that an American court decision declaring two men as the legal parents of a child born after a surrogacy arrangement in the United States should be accepted in Sweden. One of the men was the genetic father of the child (Svea Hovrätt Ö9822-14), (The Court of Appeal gave a similar ruling on 7th October 2014 in Svea Hovrätt Ö6952-14.) In an early case in the Supreme Court on 7th July 2006 the genetic mother was denied adoption because the genetic father and the surrogate mother (who was the sister of the genetic father) withdrew their consents after the couple had separated.
4. Is there a legal definition of the term “surrogacy”? (please specify) No
13. Who is recognised as the legal parent(s) of a child born following surrogacy? As surrogacy is not recognised by law in Türkiye, there is not any answer to this question.
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)?No
15. Is the existence of a genetic link required for establishing paternity/maternity? Yes. This can be done in case of any forensic medicine queries, not for surrogacy context which is unlawful in Türkiye
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? No
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
8. Can the surrogate also be the oocyte donor? NA
8. Can the surrogate also be the oocyte donor? Yes
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
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)
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
13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother
Yes, under Belgian law, the woman who gives birth is the legal parent, even if this is not the genetic mother of the child.
b. oocyte donor
No, in the context of medically assisted procreation, no action concerning filiation or its economic effects is open to gamete donors.
c. sperm donor
No, idem, cf. B
d. intended mother
No, she can become a legal mother only through adoption
e. intended father
Yes conditional. Under the Civil Code, if the mother is not married, in casu the surrogate mother, the intended father may introduce a demand of paternity recognition
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. The breaking of parentage can only occur with the adoption by the intended mother and this, following the waiving of the rights by the surrogate mother. But if the surrogate mother is married, the husband of the latter is considered the legal father and must therefore contest his paternity. Once the paternity is contested, the intended father can recognize the child.
15. Is the existence of a genetic link required for establishing paternity/maternity? No.
The legal mother is the woman who gives birth even if she is not the genetic mother.
If the surrogate mother is not married, the intended father can recognize the child at birth.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother Yes, she is the legal mother
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father Yes, if he recognizes the child at birth
17. Are foreign birth certificates in surrogacy cases registered in your country Yes. Despite the illegality of a surrogacy contract that results in a birth certificate drawn up abroad, parentage can be recognized in the best interests of the child.
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency No
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? No. Please note that since the Law is new, there was not enough time to observe any irregularities in the implementation of the law.
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? No
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. An amendment to the recent Law is prepared by the Board of Medically Assisted Reproduction which will be presented for approval to the Council of Ministers and the House of Representatives of the Republic of Cyprus in 2016.
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother No, unless she is considered guilty of unlawful arrangement of adoption (Chapter 25, Section 3c of the Criminal Code, see excerpt below).
b. intended parent(s) No, unless they have paid or promised to pay remuneration for the gametes or embryos to be used in violation of Section 21 of the Act of Assisted Fertility Treatments, or they are considered guilty of unlawful obtaining of consent to adoption or unlawful arrangement of adoption (Chapter 25, Sections 3b and 3c of the Criminal Code, see excerpts below).
c. gamete donor. No, unless he or she is considered guilty of unlawful obtaining of consent to adoption or unlawful arrangement of adoption (Chapter 25, Sections 3b and 3c of the Criminal Code, see excerpts below
d. facilitator. According to Section 35 of the Act on Assisted Fertility Treatments (1237/2006), 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. The facilitator is also more likely to be considered to violate the ban on remuneration (Section 35, paragraph 2 of the Act on Assisted Fertility Treatments) and to be considered guilty of unlawful obtaining of consent to adoption and unlawful arrangement of adoption (Chapter 25, Sections 3b and 3c of the Criminal Code).
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 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
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
13. Who is recognised as the legal parent(s) of a child born following surrogacy? N/A
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)? No
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? N/A
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
13. Who is recognised as the legal parent(s) of a child born following surrogacy? N/A
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)? No
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? N/A
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