🌍 Culture & inspiration · For all dads
🧬 Fertility treatment and surrogacy around the world: the law, country by country
Fertility treatment and surrogacy rules vary hugely from one country to another. Access to fertility treatment is gradually opening up to single women and female same-sex couples, especially in Western Europe and North America. Surrogacy remains an ethically and legally sensitive subject: rules range from commercial arrangements open to all family types in some US states to outright bans. If you are considering either route, here is a guide to help you get your bearings.
The terms to know before you start
- 🧪 Medically assisted reproduction: artificial insemination or in vitro fertilisation (IVF), with or without donated eggs, sperm or embryos.
- 🤰 Surrogacy: a woman carries a baby for the intended parents.
- 💶 Commercial surrogacy: the woman carrying the baby is paid.
- 🤝 Altruistic surrogacy: only medical and everyday living expenses are reimbursed.
- 📜 Legal parentage: the legal relationship between a child and each of their parents.
Around the world, case by case
1. Fertility treatment open to different family types
Heterosexual couples, single women and female same-sex couples can access treatment. France, for example, has allowed this since its 2021 bioethics law, and donor-conceived children can learn their donor's identity when they reach adulthood. Spain, Portugal, Belgium, Denmark, the UK, Canada and the US also offer access to these groups. Spain and Denmark remain the most popular European destinations for treatment abroad.
2. Fertility treatment restricted to heterosexual couples
In Italy, Greece and Poland, access depends on medically diagnosed infertility in a male-female couple, with marriage requirements varying by country. In Japan and South Korea, laws and established practices limit access to married heterosexual couples. Switzerland is something of an exception: since 2022, married female same-sex couples have been able to use donated sperm, but single women remain excluded.
3. Highly restricted fertility treatment
In China, India and several countries in the Middle East and Africa, fertility treatment is restricted, either by law or in practice, to married heterosexual couples with infertility problems.
4. Commercial surrogacy open to different family types
Some US states, including California and New York, offer the world's most secure legal frameworks: commercial surrogacy is available to heterosexual couples, male same-sex couples and single people. Some Mexican states also allow it, with rules varying from state to state.
5. Commercial surrogacy with conditions
In Georgia and Ukraine, commercial surrogacy is permitted but restricted to married heterosexual couples with medically diagnosed infertility. Single people and same-sex couples are excluded. In Ukraine, the war also makes arrangements highly uncertain.
6. Altruistic surrogacy only
In Canada, altruistic surrogacy is open to all family types: paying the woman carrying the baby is prohibited, but her actual expenses can be reimbursed. The UK and Greece also allow it under certain conditions, with Greece offering access to heterosexual couples and single women. In Portugal, it is provided for in law, but the regulatory framework is still being developed and it is rarely practised.
7. Surrogacy banned or closed to foreign nationals
India, Thailand and Russia, once popular surrogacy destinations, have closed access to foreign nationals or unmarried couples to curb abuses. In France, Germany and Spain, surrogacy is prohibited and surrogacy contracts have no legal force. Italy goes further: since 2024, using surrogacy has been a criminal offence even when the arrangement takes place abroad.
8. Children born through surrogacy abroad
Take France as an example, where surrogacy is banned: the European Court of Human Rights requires recognition of the child's legal parentage. The foreign birth certificate is entered into the French civil register for the biological parent, while the other parent can establish legal parentage, notably through adoption. The child's nationality depends on the laws of both the country of birth and the biological parent's country.
9. Real talk
These laws move fast. Before starting a journey abroad, speak to a lawyer specialising in international family law and the relevant consulate. Legal paperwork is nobody's favourite part of Project Baby, but it protects your child, as well as the health of donors and the women carrying babies. Information current as of 26 October 2026: always check the laws in force.
Classic mistakes
- ❌ Getting your legal advice from a forum or an agency An agency has an interest in selling you its services. For legal parentage and nationality, rely on advice from a qualified lawyer and the relevant consulate.
- ❌ Assuming today's law will still apply tomorrow Countries have closed access overnight before. Check the situation just before committing, then keep checking throughout the process.
Questions dads ask
Is surrogacy legal in France?
No, surrogacy is prohibited in France. However, children born through surrogacy abroad can still have their legal parentage recognised, notably by registering the foreign birth certificate for the biological parent and through adoption for the other parent.
Which countries offer fertility treatment to single women?
Examples include France, Spain, Portugal, Belgium, Denmark, the UK, Canada and the US.
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This guide doesn't replace medical advice. When in doubt, call your doctor or your local emergency number.