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.
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
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
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
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 surrogacy is devoid of legal value under certain principles in the Civil Code, such as the principle according to which the human body is extra-patrimonial and therefore cannot be traded.
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level No
Debates were held in the Senate, a report was delivered on 4 December 2015. Parliamentary initiatives to regulate surrogacy may emerge during this legislative period.
19. Please specify any additional relevant aspects which were not mentioned. N/A
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? Yes. In practice, we are informed of these illegal practices if a complaint is filed in court or if the facts are known to us (e.g. via the hospital or communal services of the Civil Registry).
a. remuneration of the surrogate Yes
b. remuneration of the gamete donor Yes
c. advertising for surrogacy servicesYes
d. remuneration of facilitators Yes
e. any other unlawful practices (please specify) Yes
9. Is it lawful to advertise surrogacy services? Yes, conditional. Under certain conditions, the informative adverts of medical procedures performed legally are authorised.
10. Is it lawful to remunerate a facilitator/surrogacy agency No
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
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)".
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
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?
The mother is the woman who gives birth to the child (Section 1591 of the Civil Code).
The father is the man who is married to the mother at the time of birth (Section 1592 number 1 of the Civil Code) or acknowledges the child with consent of the mother (Section 1592 number 2 of the Civil Code). This can be either the sperm donor, the intended father or another man, i.e. the husband of the surrogate mother. If the child has no legal father, the natural father can in principle be established as the legal father of the child (Sections 1592 number 3, 1600d of the Civil Code). Since 1 July 2018, this no longer applies to the official sperm donor, Section 1600d(4) of the Civil Code.
In cases where foreign law is applicable to questions of filiation, by virtue of Article 19 of the Introductory Act of the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch – EGBGB), its application is always subject to a public policy (ordre public) review. Problematic cases are particularly those in which the intended parents are assigned legal parenthood under foreign law by operation of law, even though they are not the biological parents. In the past, German courts have often tended to view this as a violation of public policy. It remains to be seen what influence the Federal Court of Justice’s decision of 2014 (see question 3) will have on future court decisions on this matter. The Federal Court of Justice itself has expressly left this question open in its subsequent decision of 2018 (see question 3).
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor Yes/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. As regards legal paternity, cf. answer to question 13. The surrogate mother's legal parentage can only be transferred to an intended parent (woman or man) by way of adoption, to which general conditions apply.
15. Is the existence of a genetic link required for establishing paternity/maternity? No. See answer to question 13.
To date, German courts have delivered relatively few judgments dealing with the recognition of foreign judgments on legal parenthood. In the above-mentioned landmark decision of 2014 and in subsequent decisions (see answer to question 3), the Federal Court of Justice has so far only argued that a possible requirement of there being a genetic relationship would be sufficiently met if only one of the intended parents is genetically related to the child and the surrogate mother is not, due to an egg donation. Whether or not recognition of a foreign judgment that awards parenthood to two persons who are not genetically related to the child is contrary to German public policy is, therefore, unclear at present.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth? The persons mentioned in the birth certificate are those whose legal parenthood has been established (cf. answer to question 13). The birth certificates or other official documents do not establish parenthood, but can be used as proof of parenthood towards other authorities and courts.
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
According to section 108 of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction [Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit, FamFG], only foreign “judgments” can be recognised. As the issuing of a birth certificate normally does not require a substantive examination by a public authority of the foreign state, birth certificates usually cannot be considered to be foreign judgments in this regard. Therefore, they cannot be recognised in Germany.
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
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
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? Yes. Luxembourg appeal court ruling no 41814 of 15 July 2015
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 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
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? The Biotechnology Act Section 7-5 criminalizes persons that wilfully contravene the Act. (Prohibition described in question 2.) This applies to all professionals, not only health professionals. It is specified that the provision applies neither to non-professional persons who seek or make use of services that are illegal under the Act, nor to persons who donate gametes or embryos.
a. surrogate mother NA
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
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) Yes
There are no rules or regulations for surrogacy set by the government, apart from the criminal prohibition of (commercial) mediation between intending parents and surrogate mothers.
The guideline of gynecologists states that for surrogacy by means of IVF, a medical indication is necessary (uterus-based infertility of the mother, or a condition of the mother which is life threatening when pregnant). Medio 2016 an additional indication was added, i.e. male intended parents. Until then, also both gametes needed to be donated by the intended parents. This was changed; now treatment is also allowed if only one of the intended parents donates a gamete. That made IVF-surrogacy accessible to male couples. In 2019 the first clinic has started a pilot performing this treatment for male couples.
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level No. We are not aware of any planned new regulations.
19. Please specify any additional relevant aspects which were not mentioned. NA
9. Is it lawful to advertise surrogacy services? No. No specific prohibition. General rules regarding marketing apply.
10. Is it lawful to remunerate a facilitator/surrogacy agency No specific prohibition
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).
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
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.
Growing cases of celebrities who turn to these media, especially homosexual couples, are known.
The Spanish Surrogate Association is promoting the legalisation of this method as another Assisted Reproductive Technology, which should not be an option only for the ones who can afford to travel abroad.
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? Although there is no law or regulation enacting the conditions of surrogacy in Türkiye, the surrogate motherhood is forbidden by law regarding the familial link article of the Civil Code. The conduct of surrogacy is criminalized by law.
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? It is known that surrogacy is forbidden by law in Türkiye, the conduct of surrogacy can be done abroad, outside Türkiye Even if it is done by Turkish citizens it cannot be openly revealed because of the familial (parenthood) link legalised by the Civil Code.
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)
7. If surrogacy is allowed, is it lawful for the surrogate mother to receive: Surrogacy is not allowed
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
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
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency No
9. Is it lawful to advertise surrogacy services? No
10. Is it lawful to remunerate a facilitator/surrogacy agency NA
18. Is there:
a. any public discussion about the topic Yes
b. planning of new regulation at national level Yes
In the light of debate by Parliamentarians and stakeholders, the UK Government has recognised that the existing legislative framework is in need of review, so the Law Commissions of England & Wales and Scotland undertook a comprehensive review of all aspects of surrogacy legislation, starting in 2018. A final report was published on 29 March 2023. The UK Government is considering the recommendations and will publish a response in due course.
19. Please specify any additional relevant aspects which were not mentioned.
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
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.
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
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
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.
11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?
a. surrogate mother No
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) No
6. Is access to surrogacy subject to specific criteria? NA
a. medical criteria (e.g. infertility of the intended parent(s))
b. other criteria (please specify)
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 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? 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