Posted on 05/14/2017 in LGBT parenting

Gay Parenting – Best Counties For Surrogacy For Same Sex Couples

Gay Parenting – Best Counties For Surrogacy For Same Sex Couples

There are restrictions to gay surrogacy in different countries of the world. While some countries are more tolerant of gay couples who want to bring in a child into their home through surrogacy, other countries place complete ban on it or allows only unpaid option but place a ban on commercial option. We have provided the review of gay surrogacy and different countries below to help you in your quest to build a family as gay couples.

The United States

In the United States, the law that is governing the use of surrogacy to build family differs state by state. Roughly nineteen states in the US have laws or that recognize commercial surrogacy. Additional ten states have laws that recognize uncompensated or altruistic surrogacy. The state of California is most frequently the most liberal in terms its regulations and tolerance for international surrogacy. The state allows surrogacy for both gay couples and singles parents. It is as well possible for two men or two women to be represented as parents on a child birth certificate. This is an exclusive legal state.


Canada only allows unpaid surrogacy. The surrogate is only compensated for the expenses made for carrying a child similar to what is obtained in Australia and UK.  Commercial surrogacy agencies are illegal. Nevertheless, there are some surrogacy facilitators in Canada who work within or just about the law. You must research an individual facilitator or agency before making your final conclusions. Canada is a cheaper surrogacy option than the surrogacy in the United States, and a lot of American and British gay men have created families with Canadian surrogates.

United Kingdom

In the UK unpaid or altruistic surrogacy can be accessed by o gay couples in addition to the legal transfer of parentage if you are a U.K. citizen and are domiciled in the U.K., Channel Islands or Isle of Man. Payment of roughly 15,000 to pounds is allowed by the courts. This makes surrogacy a slightly effectively commercial system for a number of surrogates. In the U.K., surrogacy is slightly regulated and the establishment of commercial surrogacy agency is unlawful.  Therefore, you have to manage the whole process all by yourself. Advertisement about commercial surrogacy is also unlawful.  The intending parents have no form of legal backing although; parental orders can be used after birth to transfers full parental status and responsibility from the surrogate to the prospective parent.


In the whole Australian states apart from South Australia and Western Australia, uncompensated (altruistic) surrogacy is available to gay couples, including legal reassignment of parentage. These states offer a highly regulated process, that needs surrogate and prospective parent counseling, legal advice and, regularly, medical ethics approval before the start of the process. Nevertheless, the regulation of surrogacy in Australia means the intended parent has to organize and search for a surrogate individually as surrogacy agency or advert about surrogacy is illegal. Also because of altruistic surrogacy option, there is no legal protection for the intending parents and thus, many Australian prefer to look for commercial surrogacy offshore.

Same–Sex Surrogacy in Mexico

Unfortunately, in January 19, 2016, Mexico closed its door for international surrogacy. Surrogacy is only allowed in Mexico for only Mexican citizens with diagnosed fertility problems.

Gay Surrogacy in India 

India became a bit conservative about same sex surrogacy in recent years. Currently, there are regulations that prohibit same-sex couples from carrying out surrogacy in India.

Gay Surrogacy in Thailand 

In recent years Thailand had taken center stage as the destination for gestational surrogacy worldwide.  However some popular resulted to new legislation against gay surrogacy and all forms of surrogacy.  The law makes all forms of commercial surrogacy illegal. Only unpaid or altruistic surrogacy is legal, but is stoutly limited only to couples that has a direct blood relationship between the intending parents and the surrogate mother.

Gay Surrogacy in Cambodia 

With fresh restrictions on foreign surrogacy in Mexico and Thailand, a number of couples are now using the surrogacy in Cambodia as the most affordable and safe option. Although surrogacy in Cambodia may not appear a clear choice for a lot of Western couples, Cambodia is fast becoming an international destination for individuals looking for surrogacy services. Cambodia is particularly popular with same-sex couples who were lock out of bordering Thailand.

Gay Surrogacy in Laos 

A number of successful IVF clinics limited from carrying out surrogacy services in Thailand opened up clinics in adjacent Laos. Although surrogacy in Cambodia has turned out to be the more well-liked surrogacy destination for same sex couples, there are current rumors of imminent legislation that could forbid surrogacy there. Because of this, Laos is up-and-coming as a potential alternative destination to both Thailand and Cambodia.

Gay Surrogacy in Russia 

Russia is anti–LGBT and although a number of Russian surrogacy clinics claim that there are no legal restrictions on gay surrogacy procedures, the country regulation on same sex relationships makes it difficult for same-sex couples to build a home with a child.

Gay Surrogacy in Nepal 

Nepal emerged as a center for commercial surrogacy in Asia after surrogacy was banned in Thailand and with legal complications of surrogacy in India. Sadly, the Supreme Court of Nepal placed surrogacy services on pending legislation to define and regulate the practice. The government has chosen not to lift the ban currently. Thus, surrogacy remains illegal for all couples.

Gay Surrogacy in Ukraine and Georgia 

Similar to Russia, Ukraine prohibits same-sex or single parents’ surrogacy. Although gestational surrogacy is legal, Ukraine only allows surrogacy for heterosexual married couples. Gay surrogacy is completely illegal.

Republic of Georgia allows surrogacy for only married heterosexual couples. Gay surrogacy in Georgia is made officially illegal in 1997.

Gay Surrogacy in Malaysia

Malaysia is a Muslim–majority country and is under the fatwa (an Islamic religious ruling) that prohibit the practice of surrogacy. Although there are no civil laws that are made against the use of surrogates, the likely influence of religious factors in the secular government is a great concern for absolute ban on surrogacy, or criminal sanctions against surrogates and prospective parents. Homosexuality is considered a criminal offence under strict Islamic law which makes surrogacy for same-sex parents difficult in Malaysia.

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