Commerce or help childless: a regulated surrogacy

Somewhere staff members conducting such operations, the jail, and where the citizenship of the surrogate mother gives the child the right to obtain a passport of another country

In the near future the state Duma will consider a bill to ban in Russia surrogate motherhood. The author of the document, Senator Anton Belyakov said that today the rights of the surrogate mother and biological parents are not sufficiently protected. The MP recalled that during the last years in Russia there were many scandals associated with the failure of surrogate mothers to give the child, transfer of the newborn in homosexual families, separation of children of twins and other conflict situations. According to Belyakov, due to the fact that such services are virtually not controlled by the state and farmed out to the commercial sector, Russia has become a “reproductive Mecca” for foreign citizens.

Accordingly, the Senator proposes to limit the service as long as Russia does not appear in the legislation protecting the interests of all parties.

Supported the bill, Senator Elena Mizulina emphasized that we are not talking about a complete ban on surrogate motherhood because “there are cases where this method is for married couples only opportunity to have their own biological children,” but only about the commercial component. The MP has proposed to equate commercial surrogacy to human trafficking. The Senator added that in some countries, such restrictions already in place.
TASS studied foreign laws to figure out how there is regulated surrogate motherhood.


  • In the UK a woman can have a baby for a childless couple on the basis of mutual agreement. However, she is entitled to receive funds for necessary expenses. However, advertising and intermediation in this area with a view to profit, and promoting clinics in the search for possible surrogate mothers are prohibited.
  • In Germany, surrogacy is prohibited. Artificial insemination of a woman who agree to abandon the child after birth is punishable by law. Staff members who are doing similar operations, are threatened by deprivation of liberty for a term up to three years. The penalty does not apply to a surrogate mother, donor or customer.
  • In Spain, surrogacy is illegal. Nevertheless, the Spaniards can use a surrogate mother if the agreement is concluded on the territory of the country where such transactions are allowed and the surrogate mother is a citizen of that state. To register a child in Spain, you must provide proof of what rights a surrogate mother has not been violated.

Australia and New Zealand

  • In Australia (except the Northern territory one of the constituent entities of the Russian Federation within the country) is allowed only so-called altruistic surrogacy. In this case the parents pay the woman carrying their child, only operating costs. Commercial surrogacy is a criminal offence.
  • The same rules apply in New Zealand.

The United States and Canada

  • In USA surrogacy is officially banned in the States of Arizona, new York, Washington and the district of Columbia and is legal in eight States (VA, Il, NV, NH, TX, tn, TX, ut). In others the decision is made depending on the circumstances. At the same time to a surrogate mother certain requirements: age from 18 to 35 years, presence of a spouse and at least one child. The cost of the contract of surrogate motherhood ranges from $60 thousand to $200 thousand
  • In Canada the law only allows “altruistic” surrogacy. Any commercial relations in this area are illegal. While in Quebec, surrogacy is completely banned.


  • In Israel, surrogacy is allowed only in relation to heterosexual couples and only in case if the surrogate mother is a citizen of Israel, has no genetic link with either one of the parents professes the same religion as their mother. The couple has the right to find the right woman on your own or through an intermediary company. The contract, signed by both parties, approved by a special Commission. For egg donation the law establishes a fee of $ 5 thousand NIS (approximately $1.4 million) from the recipient to the donor, but everyone can assign their value, and align it in the contract.
  • China banned all forms of surrogacy. However, from 2016 the government is discussing the possibility of lifting the ban due to the significant reduction in the number of newborns in the country and the trend towards ageing of the population.
  • In Japan, surrogacy is not regulated by a special law, that is, anyone can get this service. In addition, a child born from a surrogate mother Japanese automatically receive Japanese citizenship. These are the wealthy residents of neighboring States that tend to get Japanese passports for their children.
  • In South Korea disseminated as “altruistic” or commercial surrogacy. As in Japan, the legislation does not regulate this method of childbirth.

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