Posted on 10/10/2018 in Surrogacy

Surrogacy Law: Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Denmark

Surrogacy Law: Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Denmark

Surrogacy Is one of the best options to have a baby! Surrogacy? Yes, Surrogacy!                                    Have you ever had a look at your baby and envisioned how your loved one might look being very tiny?! Nope? Having transferred from one destination another by a tube, have you ever caught a glimpse of the young version of your loved one? The blend of his voice, his cute golden curls, and those dark brown eyes that reminded you how he could look like after being so tiny? Even the silhouette was similar… The same features.

For many couples, having a baby is really complicated. Struggling with infertility, trying various treatment options again, and again, and experiencing recurrent miscarriages can be a devastating scenario.

Some couples went through failure after failure with more than 10 unsuccessful IVF attempts, several surgeries, miscarriages, and ectopic pregnancies. Their hearts breaking more every time, as every failure causes indescribable grief. If it is also your story, it is high time to change it. Don’t say that SURROGACY is not designed for you. Because it can turn your dream into a reality. Without confusion or embarrassment. Without sufferings. Without heartbreak. 

What is SURROGACY? Is it the brand–new trend for our millennia? Is it something that designs our miniature version? Is it something that should be permitted? Or is it something that should be prohibited?

Surrogacy is a unique and unparalleled alternative to the most severe cases when all the other treatment options cannot work. Surrogacy is something that turns faded moments into the sparkling ones!

It's one of the most sophisticated options for couples, for same–sex couples, and for single parents. It makes it possible to have your little angel! An absolutely authentic tiny bundle, a half–authentic tiny bundle or the tiny bundle who is not yours genetically but will be yours during all the life as this brand–new version will have nearly your appearance!

The Mothers who turn your dreams into reality are called the Surrogate Mothers! Surrogate Mothers are wonderful women who make your utmost dream of hugging the tiny Bundle or Tiny Bundles real! They are really Gorgeous! They are dedicated to sharing their ability to carry the tiny  ones beneath their hearts and to present those tiny ones to the intended  parents! This is a real Miracle!

Surrogate Mothers are exceptional! They are dedicated to literally design the tiny bundles, bring them to the world, and present them to you!  Surrogacy is the New World! The world of Hope... The world of Miracles... The world of Wonders! Never give up! Even the smallest chance may be YOUR CHANCE!

Surrogacy legality 

Wondering about Surrogacy in your country or about International Surrogacy? Nervously opening up the Google’s Search line on both your iPhone and notebook? Trying to scan through all the Google Search results in a glimpse?

If your trembling fingertips are Googling in a bustle: “Surrogacy in Europe 2019: Where in Europe to Do Surrogacy Is Legal? What European Countries Have the Surrogacy Laws? What Countries to Choose for Surrogacy? Is it possible to do surrogacy if we are foreign citizens? What about the newborn Birth Certificate? Whose names will be there? Will my country recognize my newborn born by the surrogate mother abroad? Should I adopt my own newborn after the surrogacy?”, just stop for a moment.

Legal Framing of European Surrogacy is really hard to understand. Banned? Forbidden? Legal? Illegal? Designed only for married couples? For heterosexual couples? For two ladies who want to have the miniature newborn? Designed for two dudes who do want to have the tiny one? Designed for a single mom? Or single dad?

No worries here, we will “GLIMPSE INSIDE” the surrogacy options in all countries in the word! Step–by–step. Country by country.

This time we will navigate you through Surrogacy in Andorra. Surrogacy in Austria. Surrogacy in Belgium. Surrogacy in Bosnia and Herzegovina. Surrogacy Croatia. Surrogacy in Cyprus. Surrogacy in Denmark.

A

Andorra – Not regulated.

Austria – Illegal.

B

Belgium – Only NON–COMMERCIAL Surrogacy is Legal only for Belgium citizens.

Bosnia and Herzegovina – Not regulated.

C

Croatia – Illegal.

Cyprus – Only NON–COMMERCIAL GESTATIONAL Surrogacy is Legal only for Cyprus citizens

D

Denmark – Only NON–COMMERCIAL Traditional Surrogacy is LEGAL in Denmark only for Danish citizens.

A

ANDORRA

ANDORRA

Summary of the Legal Surrogacy Framing: Surrogacy is not REGULATED in Andorra. Being neither officially prohibited (banned), nor legalized, surrogacy is not legally framed or regulated in the most transparent and conclusive way. Legal Framing is not designed (there are no even the draft law versions) and implemented yet.

Inclusive Legal Framing for Surrogacy in Andorra: 

(1) Is surrogacy regulated by a specific law in Andorra?

No, surrogacy is not regulated by a specific law in Andorra. 

(2) Is surrogacy regulated in another way?

No, it isn’t. 

(3) Is there a legal definition of the term “surrogacy”?

No, it is not legally defined yet. There is no legal definition for “surrogacy” in Andorra.

(4) Is surrogacy prohibited in Andorra?

There is no conclusive legal framing for this question yet. At present, surrogacy is not regulated by the law. It is neither legalized nor prohibited in Andorra. 

Any form of surrogacy (traditional, gestational, commercial, non–commercial, in–country, international) is neither prohibited nor conclusively legally framed in Andorra.

(5) Is access to surrogacy subject to specific criteria (medical criteria or other criteria)?

There is no conclusive legal framing for this question yet.

(6) If surrogacy is allowed, is it lawful for the surrogate mother to receive:

a. refund of medical expenses;

b. refund of other expenses;

c. compensation for loss of income;

d. other compensation including non–pecuniary;

e. remuneration or comparable advantage (Financial Compensation for Surrogacy).

There is no conclusive legal framing for this question yet.

(7) Can the surrogate mother also be the oocyte donor (is there the option for having Traditional Surrogacy)?

There is no conclusive legal framing for this question yet.

(8) Is it lawful to financially remunerate (pay financial compensation to) a facilitator/surrogacy agency?

There is no conclusive legal framing for this question yet.

(9) If surrogacy is officially prohibited (banned/forbidden), is the conduct of the following persons involved in surrogacy process criminalized by the law?

a. surrogate mother – No;

b. intended parent(s) – No;

c. oocyte/sperm donor – No;

d. facilitator/surrogacy agency – No.

Surrogate mother, intended parents, oocyte/sperm donor(s) won’t be criminalized by the law for “designing” the surrogacy process because there is no conclusive legal framing for this question yet.

(10) Who is recognized as the legal parent(s) of a baby born by surrogate mother (following surrogacy):

a. surrogate mother;

b. oocyte donor;

c. sperm donor;

d. intended mother;

e. intended father.

There is no conclusive legal framing for this question yet.

(11) Do the legal mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (for instance, the adoption procedures)?

Yes, adoption of the newborn is possible. To transfer parentage from surrogate mother to intended parent(s) the legal adoption process should be designed. 

(12) Is the existence of a genetic link between the baby born through surrogacy process required for establishing paternity/maternity?

There is no legal framing for this question yet.

(13) Are the other parties involved in surrogacy process mentioned in the baby’s Birth Certificate (or other official document connected to the birth of the baby)?

a. surrogate mother;

b. oocyte donor;

c. sperm donor;

d. intended mother;

e. intended father.

There is no legal framing for this question yet.

(14) Are foreign Birth Certificates in surrogacy cases registered in Andorra?

There is no legal framing for this question yet.

AUSTRIA

AUSTRIA

Summary of the Legal Surrogacy Framing: Surrogacy is ILLEGAL in Austria. Any form of surrogacy (either Gestational Surrogacy or Traditional Surrogacy) is prohibited in Austria. Surrogate motherhood is banned and all the envisaged manipulations “in what way to design the surrogacy process” are illegal. Being officially prohibited (banned), surrogacy is legally framed and regulated in the most transparent and conclusive way.

But for the cases when Austrian couples travel abroad for designing the surrogacy process when foreign surrogate mothers are gestational carriers and the genetic parents are Austrian, the legal framing is non–transparent and inconclusive.

Inclusive Legal Framing for Surrogacy in Austria: 

(1) Is surrogacy regulated by a specific law in Austria?

Yes, surrogacy is regulated by the Austrian “Law on Reproductive Medicine” (“Fortplanzungsmedizingesetz”). The “Fortpflanzungsmedizingesetz” legally frames the prohibition of medically assisted reproduction techniques with donated oocytes or sperm and completely prohibits the surrogate motherhood.

(2) Is surrogacy regulated in another way?

No, it isn’t. 

(3) Is there a legal definition of the term “surrogacy”?

No, it is not legally defined yet. There is no legal definition for “surrogacy” in Austria.

(4) Is surrogacy prohibited in Austria?

CONSTITUTIONAL COURT OF AUSTRIA prohibits any form of surrogacy (traditional, gestational, commercial, non–commercial, in–country, international).

(5) Is access to surrogacy subject to specific criteria (medical criteria or other criteria)?

Neither medical criteria nor other criteria can be considered as the legal reason for the surrogacy process in Austria.

(6) If surrogacy is allowed, is it lawful for the surrogate mother to receive:

a. refund of medical expenses;

b. refund of other expenses;

c. compensation for loss of income;

d. other compensation including non–pecuniary;

e. remuneration or comparable advantage (Financial Compensation for Surrogacy).

There is no conclusive legal framing for this question yet.

(7) Can the surrogate mother also be the oocyte donor (is there the option for having Traditional Surrogacy)?

There is no conclusive legal framing for this question yet.

(8) Is it lawful to financially remunerate (pay financial compensation to) a facilitator/surrogacy agency?

No, surrogacy is prohibited in Austria.

(9) If surrogacy is officially prohibited (banned/forbidden), is the conduct of the following persons involved in surrogacy process criminalized by the law?

a. surrogate mother – No;

b. intended parent(s) – No;

c. oocyte/sperm donor – No;

d. facilitator/surrogacy agency – Yes.

Surrogate mother, intended parents, oocyte/sperm donor(s) won’t be criminalized by the law for “designing” the surrogacy process. Facilitator/surrogacy agency involved in surrogacy process will be criminalized by the law. 

(10) Who is recognized as the legal parent(s) of a baby born by surrogate mother (following surrogacy):

a. surrogate mother – Yes;

b. oocyte donor – No;

c. sperm donor – No;

d. intended mother – No;

e. intended father – Yes.

The Austrian law conclusively frames, that the woman who gives the birth to the child is the legal mother. Intended father’s parentage can be proved by the DNA testing. 

(11) Do the legal mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (for instance, the adoption procedures)?

In exclusive cases, yes, adoption of the newborn is possible. To transfer parentage from surrogate mother to intended parent(s) the legal adoption process should be designed. 

(12) Is the existence of a genetic link between the baby born through surrogacy process required for establishing paternity/maternity?

No, the mother is the woman who gives the birth, the father is her husband. 

(13) Are the other parties involved in surrogacy process mentioned in the baby’s Birth Certificate (or other official document connected to the birth of the baby)?

a. surrogate mother – Yes;

b. oocyte donor– No;

c. sperm donor – No;

d. intended mother – Yes;

e. intended father – Yes.

Both name of the woman who gives the birth and intended father’s name (if she is married then, her husband’s name) will be mentioned in the baby’s Birth Certificate.

(14) Are foreign Birth Certificates in surrogacy cases registered in Austria?

Austrian law expressly prohibits surrogacy and legally defines the mother as the person who gives birth to the child. Only one exclusion in obtaining the Austrian citizenship was done by the Austrian Court. Prevailing non–recognition of surrogate motherhood forces Austrian couples who dream about having a tiny one or many, to travel abroad and design surrogacy process in other countries. But coming back with the newborn dude or with the newborn lady to Austria, Austrian couples face the complications with the legislative process. In many cases, Austrian couples are the genetic mother and father of the newborn and the surrogate mother was the gestational carrier for the tiny one. In these cases, the newborns born through gestational surrogacy abroad should be given the Austrian citizenship but the Austrian law shapes that the legal mother is the woman who gives the birth to the child. It makes the legal framing for the cases when foreign surrogate mothers are gestational carriers and the genetic parents are Austrian – non–transparent and inconclusive.

B

BELGIUM

BELGIUM

Summary of the Legal Surrogacy Framing: Surrogacy is not REGULATED in Belgium. In other words, surrogacy is regulated neither by a specific law nor by the other law. Despite there is no transparent and conclusive legal framing yet, it should be noted, that ONLY NON–COMMERCIAL Surrogacy is legal and it can be done only for Belgium citizens. The absence of a Belgium legal framework for surrogacy results in problematic situations. Some Belgium couples travel abroad to do surrogacy. The newborn dudes and newborn ladies appeared as the result of the international surrogacy should have the Belgium citizenship in case if their parents are Belgium. The consequences of such international surrogacy also may result in unique situations which are delicate and extremely complex for Belgium couples. The legislative framework for such cases should be designed by the experienced in immigration law and international family law Belgium attorneys.

International surrogacy for the foreign couples who would like to do surrogacy in Belgium and don’t have the Belgium citizenship has no legal framework yet, therefore, these cases may be recognized as ILLEGAL.  

Inclusive Legal Framing for Surrogacy in Belgium: 

(1) Is surrogacy regulated by a specific law in Belgium?

No, surrogacy is not regulated by a specific law in Belgium. Being neither legally prohibited nor legally permitted, surrogacy and surrogate motherhood are implicitly authorized only in non–commercial version. The legal framework is not transparent and inconclusive. It may be also noted that the legal framing for Belgium surrogacy and surrogacy motherhood isn’t completed yet. Surrogacy is not illegal but prior to design the whole surrogacy process and the legal framework, the Belgium couples should book the consultation with the attorneys.

(2) Is surrogacy regulated in another way?

No, it isn’t. 

(3) Is there a legal definition of the term “surrogacy”?

No, it is not legally defined yet. There is no legal definition for “surrogacy” in Belgium.

(4) Is surrogacy prohibited in Belgium?

Surrogacy is neither prohibited nor permitted in Belgium. Being not regulated, it doesn’t have the legal framework. But here is one B.U.T. Commercial surrogacy cannot be done as the Belgium Civil Code enframes the exclusion principle according to which the human body is extra–patrimonial, and, therefore, cannot be traded. That is why Belgium couples may design only non–commercial surrogacy process.

(5) Is access to surrogacy subject to specific criteria (medical criteria or other criteria)?

Yes, but the medical criteria are different in Belgium Fertility Clinics and Centers. Three medical criteria are the basic for the access to gestational surrogacy (it requires a severe medical condition, such as the absence of a uterus, a nonfunctional uterus or a state of health that is incompatible with a pregnancy).

The other medical criteria vary as Belgium Fertility Clinics set their own medical criteria and have their own terms and conditions for surrogacy. One Fertility Clinic has the medical limitations for applying for surrogacy programs such as the mom–to–be has a serious heart defect. The other Belgium Fertility Clinic can design only traditional surrogacy program. The next Belgium Fertility Clinic may propose surrogacy programs only for heterosexual couples (without oocyte donation and sperm donation). But the other Belgium Fertility Clinic may design the surrogacy programs for homosexual couples.

(6) 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 (Financial Compensation for Surrogacy) – No.

Non–commercial surrogacy program shapes that the surrogate mother may receive the refund of medical expenses only in Belgium. The other refunds or expenses cannot be accepted because there is no conclusive legal framing for this question yet.

(7) Can the surrogate mother also be the oocyte donor (is there the option for having Traditional Surrogacy)?

Yes, SOME Belgium Fertility Clinics design the Traditional Surrogacy Programs. Traditional surrogacy presupposes that surrogate–mother–to–be will be also the oocyte donor and the genetic mother. 

(8) Is it lawful to financially remunerate (pay financial compensation to) a facilitator/surrogacy agency?

No.

(9) If surrogacy is officially prohibited (banned/forbidden), is the conduct of the following persons involved in surrogacy process criminalized by the law?

a. surrogate mother;

b. intended parent(s);

c. oocyte/sperm donor;

d. facilitator/surrogacy agency.

There is no conclusive legal framing for this question yet.

(10) Who is recognized as the legal parent(s) of a baby born by surrogate mother (following surrogacy):

a. surrogate mother – Yes;

b. oocyte donor – No;

c. sperm donor – No;

d. intended mother – No;

e. intended father – Yes.

The Belgium law conclusively frames, that the woman who gives the birth to the child is the legal mother even if she is not the genetic mother. The intended mother can become a legal mother only through the legal adoption process. If the surrogate mother is not married, the intended father is recognized as the newborn’s father. If the surrogate mother is married, the legal framework can be designed to prove the intended father’s parentage. Intended father’s parentage can be proved by the DNA testing. 

(11) Do the legal mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (for instance, the adoption procedures)?

In most cases, yes, adoption of the newborn is possible. To transfer parentage from surrogate mother to intended parent(s) the legal adoption process should be designed. If the surrogate mother isn’t married, then the intended father is recognized as the newborn’s legal father, and the intended mother can become the newborn’s legal mother through adoption. 

But if the surrogate mother is married, her husband is considered the legal father of the newborn, and must, therefore, contest his paternity. Once the paternity is contested, the intended father can recognize the newborn.

(12) Is the existence of a genetic link between the baby born through surrogacy process required for establishing paternity/maternity?

No, the mother is the woman who gives the birth even if she is not the genetic mother of the tiny one. If the surrogate mother is not married, the intended father can recognize the newborn at birth. But if the surrogate mother is married, her husband is considered the father of the newborn. 

(13) Are the other parties involved in surrogacy process mentioned in the baby’s Birth Certificate (or other official document connected to the birth of the baby)?

a. surrogate mother – Yes;

b. oocyte donor– No;

c. sperm donor – No;

d. intended mother – No;

e. intended father – Yes.

The name of the surrogate mother will be mentioned in the baby’s Birth Certificate because according to the Belgium law the mother is the woman who gives the birth. The intended father’s name will be mentioned in the baby’s Birth Certificate only if the surrogate mother is not married, and the intended father will recognize the newborn at birth.

(14) Are foreign Birth Certificates in surrogacy cases registered in Belgium?

Despite the international surrogacy contracts between the Belgium couples and foreign surrogate mothers are not legal, if the newborn is born through surrogacy program abroad and the Belgium couple received the Foreign Birth Certificate, parentage can be recognized in the best interests of the child. The Belgium citizenship also can be transferred to the newborn. 

BOSNIA and HERZEGOVINA

BOSNIA and HERZEGOVINA

Summary of the Legal Surrogacy Framing: Surrogacy is not REGULATED in Bosnia and Herzegovina. In other words, surrogacy is regulated neither by a specific law nor by the other law. The absence of a legal framework for surrogacy results in problematic situations.

Some couples travel abroad to do surrogacy. The newborn dudes and newborn ladies appeared as the result of the international surrogacy should have the Bosnia and Herzegovina citizenship in case if their parents are Bosnia and Herzegovina. The consequences of such international surrogacy also may result in unique situations which are delicate and extremely complex for couples from Bosnia and Herzegovina. Because the Foreign Birth Certificates can be not recognized in Bosnia and Herzegovina. The legislative framework for such cases should be designed by the experienced in immigration law and international family law Bosnia and Herzegovina attorneys.

The Draft version of the Law on Medically Assisted Reproduction was designed but after the public debate, has been rejected by the Parliament of Federation B&H in June 2014. The legal framework of the draft version of the Law (Article 50) prohibits arranging and performing surrogacy. The contracts or any other legal arrangements on surrogacy and delivery of child born after Medically Assisted Reproduction, with or without remuneration, are considered unlawful.

International surrogacy for the foreign couples who would like to do surrogacy in Bosnia and Herzegovina and don’t have the Bosnia and Herzegovina citizenship has no legal framework yet, therefore, these cases may be recognized as ILLEGAL. 

Inclusive Legal Framing for Surrogacy in Bosnia and Herzegovina: 

(1) Is surrogacy regulated by a specific law in Bosnia and Herzegovina?

No, surrogacy is not regulated by a specific law in Bosnia and Herzegovina. Being neither legally prohibited nor legally permitted, surrogacy and surrogate motherhood are implicitly authorized only in commercial and non–commercial version. The legal framework is far away from perfect. It is both not transparent and inconclusive. It may be also noted that the legal framing for Bosnia and Herzegovina surrogacy and surrogacy motherhood isn’t completed yet. There are no even the draft versions of the legal framework yet. Surrogacy is not illegal but prior to design the whole surrogacy process and the legal framework, the Bosnia and Herzegovina couples should book the consultation with the attorneys.

(2) Is surrogacy regulated in another way?

No, it isn’t. 

(3) Is there a legal definition of the term “surrogacy”?

No, it is not legally defined yet. There is no legal definition for “surrogacy” in Bosnia and Herzegovina.

(4) Is surrogacy prohibited in Bosnia and Herzegovina?

Surrogacy is neither prohibited nor permitted in Bosnia and Herzegovina. Being not regulated, it doesn’t have the legal framework either for non–commercial or for commercial surrogacy.

(5) Is access to surrogacy subject to specific criteria (medical criteria or other criteria)?

There is no conclusive legal framing for this question yet. In Bosnia and Herzegovina, there is no legal framework for surrogacy yet. The draft version of the legal framing was designed but it hasn’t been transparently and inclusively discussed on the legal level yet. 

(6) If surrogacy is allowed, is it lawful for the surrogate mother to receive:

a. refund of medical expenses;

b. refund of other expenses;

c. compensation for loss of income;

d. other compensation including non–pecuniary;

e. remuneration or comparable advantage (Financial Compensation for Surrogacy).

There is no conclusive legal framing for this question yet. The draft version of the legal framing was designed but it hasn’t been transparently and inclusively discussed on the legal level yet. 

(7) Can the surrogate mother also be the oocyte donor (is there the option for having Traditional Surrogacy)?

There is no conclusive legal framing for this question yet. The draft version of the legal framing was designed but it hasn’t been transparently and inclusively discussed on the legal level yet. 

(8) Is it lawful to financially remunerate (pay financial compensation to) a facilitator/surrogacy agency?

No.

(9) If surrogacy is officially prohibited (banned/forbidden), is the conduct of the following persons involved in surrogacy process criminalized by the law?

a. Surrogate mother;

b. Intended parent(s);

c. Oocyte/sperm donor;

d. Facilitator/surrogacy agency.

There is no conclusive legal framing for this question yet.

(10) Who is recognized as the legal parent(s) of a baby born by surrogate mother (following surrogacy):

a. Surrogate mother;

b. Oocyte donor;

c. Sperm donor;

d. Intended mother;

e. Intended father.

There is no conclusive legal framing for this question yet. The draft version of the legal framing was designed but it hasn’t been transparently and inclusively discussed on the legal level yet. 

(11) Do the legal mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (for instance, the adoption procedures)?

At present, it should be noted, that the answer is NO. But it should be also noted that there is no conclusive legal framing for this question yet. 

(12) Is the existence of a genetic link between the baby born through surrogacy process required for establishing paternity/maternity?

At present, it should be noted, that the answer is NO. But it should be also noted that there is no conclusive legal framing for this question yet. 

(13) Are the other parties involved in surrogacy process mentioned in the baby’s Birth Certificate (or other official document connected to the birth of the baby)?

a. surrogate mother;

b. Oocyte donor;

c. Sperm donor;

d. Intended mother;

e. Intended father.

At present, it should be noted, that the answer is NO. But it should be also noted that there is no conclusive legal framing for this question yet. 

(14) Are foreign Birth Certificates in surrogacy cases registered in Belgium?

At present, it should be noted, that the answer is NO. But it should be also noted that there is no conclusive legal framing for this question yet. 

C

CROATIA 

CROATIA

Summary of the Legal Surrogacy Framing: Surrogacy is ILLEGAL in Croatia. Being officially prohibited (banned), surrogacy is legally framed and regulated in the most transparent and conclusive way. Thus, everyone who is involved in the surrogacy process in Croatia is criminalized by the law.

Inclusive Legal Framing for Surrogacy in Croatia: 

(1) Is surrogacy regulated by a specific law in Croatia?

Yes, surrogacy is regulated by the law on “Medically Assisted Reproduction in Croatia” that establishes the prohibition of surrogate motherhood. 

(2) Is surrogacy regulated in another way?

No, it isn’t. 

(3) Is there a legal definition of the term “surrogacy”?

Yes, “surrogacy” is defined as “service of delivery for another person.”

(4) Is surrogacy prohibited in Croatia?

Any form of surrogacy (traditional, gestational, commercial, non–commercial, in–country, international) is prohibited in Croatia.

(5) Is access to surrogacy subject to specific criteria (medical criteria or other criteria)?

Neither medical criteria nor other criteria can be considered as the legal reason for surrogacy process in Croatia.

(6) If surrogacy is allowed, is it lawful for the surrogate mother to receive:

a. Refund of medical expenses;

b. Refund of other expenses;

c. Compensation for loss of income;

d. Other compensation including non–pecuniary;

e. Remuneration or comparable advantage (Financial Compensation for Surrogacy).

Surrogacy is ILLEGAL in Croatia, therefore, none of these expenses is lawful to receive by surrogate mother. 

(7) Can the surrogate mother also be the oocyte donor (is there the option for having Traditional Surrogacy)?

Surrogacy is ILLEGAL in Croatia, therefore, the surrogate mother cannot be the oocyte donor in Croatia.

(8) Is it lawful to financially remunerate (pay financial compensation to) a facilitator/surrogacy agency?

No.

(9) If surrogacy is officially prohibited (banned/forbidden), is the conduct of the following persons involved in surrogacy process criminalized by the law?

a. Surrogate mother – Yes;

b. Intended parent(s) – Yes;

c. Oocyte/sperm donor – Yes;

d. Facilitator/surrogacy agency – No.

Surrogate mother, intended parents, oocyte/sperm donor(s) will be criminalized by the law for “designing” the surrogacy process. 

(10) Who is recognized as the legal parent(s) of a baby born by surrogate mother (following surrogacy):

a. surrogate mother;

b. Oocyte donor;

c. Sperm donor;

d. Intended mother;

e. Intended father.

No one is recognized as a legal parent(s) of a baby born by surrogate mother in Croatia. There is no legal framing for this question yet. Even the draft version hasn’t been designed yet in Croatia. 

(11) Do the legal mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (for instance, the adoption procedures)?

There is no legal framing for this question yet.

(12) Is the existence of a genetic link between the baby born through surrogacy process required for establishing paternity/maternity?

There is no legal framing for this question yet.

(13) Are the other parties involved in surrogacy process mentioned in the baby’s Birth Certificate (or other official document connected to the birth of the baby)?

a. Surrogate mother;

b. Oocyte donor;

c. Sperm donor;

d. Intended mother;

e. Intended father.

There is no legal framing for this question yet.

(14) Are foreign Birth Certificates in surrogacy cases registered in Croatia?

No. 

CYPRUS

CYPRUS

Summary of the Legal Surrogacy Framing: Only Gestational NON–COMMERCIAL Surrogacy is LEGAL in Cyprus only for Cyprus residents. There is no inclusive and conclusive legal framing that shapes the international surrogacy in Cyprus. In other words, surrogacy is legally framed and regulated but not everything can be interpreted in a transparent and conclusive way.

Inclusive Legal Framing for Surrogacy in Cyprus: 

(1) Is surrogacy regulated by a specific law in Cyprus?

Yes, surrogacy is regulated by the Law on Medically Assisted Reproduction N.69 (i) 2015 in Cyprus that establishes the legal framing for surrogate motherhood: “Both the woman (wishing to have a child) and the surrogate mother–to–be must have had their permanent or usual residency addresses in the Republic of Cyprus.” Interpreting this legal framing, it should be noted that both the woman (wishing to have a child) and the surrogate mother–to–be must be Cyprus citizens. 

But this legal framing also shapes one legal exclusive criterion: “If the surrogate mother–to–be cannot be cannot be found in the Republic of Cyprus, then the Board on Medically Assisted Reproduction could grant permission for the surrogate mother without a permanent or usual residency address in Cyprus.”

(2) Is surrogacy regulated in another way?

Yes, it is. According to Article 24 (1) of the Law on Medically Assisted Reproduction N.69(I)/2015, following the appropriate authorization by the Board of Medically Assisted Reproduction, a Court order is also required to regulate issues that would lead to the successful implementation of the surrogacy agreement.

(3) Is there a legal definition of the term “surrogacy”?

Yes, “surrogacy” is defined as “the case during which a woman carries and gives birth to a child on behalf of a couple following the transfer, using in–vitro fertilization methods, of an embryo produced with genetic material unrelated to the surrogate mother.”

(4) Is surrogacy prohibited in Cyprus?

Surrogacy is legal in Cyprus but the surrogacy must be NON–COMMERCIAL, and only for Cyprus citizens. Both the woman who wishes to become a mother through surrogacy process and the surrogate mother must have their permanent or usual legal residency in Cyprus. Any surrogacy agreement (or surrogacy contract) on a commercial basis is prohibited by the law.

(5) Is access to surrogacy subject to specific criteria (medical criteria or other criteria)?

Either medical criteria or other criteria can be considered as the legal reason for surrogacy process in Cyprus. 

The intended parents (intended mother and intended father) or intended parent (intended mother or intended father) must apply and obtain appropriate validation and verification from the Medical Assisted Human Reproduction Board’s Highest Representative – the Council.

For approving an application, the Council must be satisfied that (1) it is medically impossible for the intended mother to bear a child (medical criteria) and that the surrogate mother is ideally fit for gestation (medical criteria + other criteria).

To validate whether it is impossible for the intended mother to bear a child the fertility testing, medical and psychological evaluation are designed to undergo. The same fertility testing, medical and psychological evaluation are designed for the surrogate mother–to–be.

If after fertility testing, the medical and psychological evaluation of the intended mother, it is medically proven that it is impossible to bear a child and the surrogate mother–to–be ideally fits – the Council approves the surrogacy application.

After that, intended parent(s) must obtain appropriate Court order. And only after that, it is possible to design the surrogacy agreement and sign it.

(6) 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 – No;

d. other compensation including non–pecuniary – No;

e. remuneration or comparable advantage (Financial Compensation for Surrogacy) – No.

Only NON–COMMERCIAL Surrogacy is LEGAL in Cyprus, therefore, only medical expenses and other expenses (for instance, expenses for maternal clothes) are lawful to receive by surrogate mother. 

(7) Can the surrogate mother also be the oocyte donor (is there the option for having Traditional Surrogacy)?

No, the surrogate mother cannot be the oocyte donor in Cyprus. Only Gestational Surrogacy is possible. The surrogate mother is implanted with an embryo or the embryos, designed through in vitro fertilization technique using intended mother oocyte(s) or donor’s oocyte(s) and intended father’s sperm or donor’s sperm. The surrogate mother doesn’t have the genetic link to the tiny embryo/fetus she bears.

(8) Is it lawful to financially remunerate (pay financial compensation to) a facilitator/surrogacy agency?

No.

(9) If surrogacy is officially prohibited (banned/forbidden), is the conduct of the following persons involved in surrogacy process criminalized by the law?

a. Surrogate mother;

b. Intended parent(s);

c. Oocyte/sperm donor;

d. Facilitator/surrogacy agency.

Surrogacy is legal in Cyprus. Surrogacy process, designed according to legislation is officially permitted. The legal consequences for the surrogacy process designed in non–legal way are not known yet because the legal framing for these cases is not designed yet. Even the draft version hasn’t been designed yet in Cyprus. 

(10) Who is recognized as the legal parent(s) of a baby born by surrogate mother (following surrogacy):

a. Surrogate mother – No;

b. Oocyte donor – No;

c. Sperm donor – No;

d. Intended mother – Yes;

e. Intended father – Yes.

Intended mother and intended father are recognized as legal parents of a baby born by surrogate mother in Cyprus.

(11) Do the legal mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (for instance, the adoption procedures)?

Yes, the legal framing is represented in Article 25 of the Law on Medically Assisted Reproduction N.69(I)/2015. This Article declares that parentage rights are immediately transferred to the intended parents after the newborn is born by the surrogate mother. Surrogate mother doesn’t have any parentage rights.

(12) Is the existence of a genetic link between the baby born through surrogacy process required for establishing paternity/maternity?

As traditional surrogacy is prohibited in Cyprus, the surrogate mother doesn’t have the genetic link to the child she bears. 

(13) Are the other parties involved in surrogacy process mentioned in the baby’s Birth Certificate (or other official document connected to the birth of the baby)?

a. surrogate mother – No;

b. oocyte donor – No;

c. sperm donor – No;

d. intended mother – Yes;

e. intended father – Yes.

Only intended mother and intended father will be mentioned in the baby’s Birth Certificate.

(14) Are foreign Birth Certificates in surrogacy cases registered in Croatia?

There is no legal framing for this question yet.

DENMARK

DENMARK

Summary of the Legal Surrogacy Framing: Only Traditional NON–COMMERCIAL Surrogacy is LEGAL in Denmark only for Danish citizens. In Denmark, the surrogacy process is not regulated by one specific surrogacy law. The absence of conclusive legal framework may result in the unique situations which are delicate and extremely complex for those Danish couples who traveled abroad to do the surrogacy and would like to return to Denmark with their miniature newborns. In these cases, the legislative framework should be designed by the experienced in immigration law and international family law Danish attorneys.

Inclusive Legal Framing for Surrogacy in Denmark: 

(1) Is surrogacy regulated by a specific law in Denmark?

There is no conclusive legal framing for this question yet. In Denmark, the surrogacy process is not regulated by one specific surrogacy law. 

(2) Is surrogacy regulated in another way?

Yes, it is. After the surrogacy process, the newborn should be adopted by the intended parents. 

(3) Is there a legal definition of the term “surrogacy”?

Yes, “surrogacy” is defined as “service of childbirth for another person.”

(4) Is surrogacy prohibited in Denmark?

Medically assisted procreation (MAP) or commercial gestational surrogacy is prohibited in Denmark. 

(5) Is access to surrogacy subject to specific criteria (medical criteria or other criteria)?

There is no legal framing for this question yet.

(6) If surrogacy is allowed, is it lawful for the surrogate mother to receive:

a. Refund of medical expenses;

b. Refund of other expenses;

c. Compensation for loss of income;

d. Other compensation including non–pecuniary;

e. Remuneration or comparable advantage (Financial Compensation for Surrogacy).

There is no legal framing for this question yet.

(7) Can the surrogate mother also be the oocyte donor (is there the option for having Traditional Surrogacy)?

There is no legal framing for this question yet. But it should be noted that TRADITIONAL Surrogacy that is permitted in Denmark presupposes the surrogate mother to be the oocyte donor. 

(8) Is it lawful to financially remunerate (pay financial compensation to) a facilitator/surrogacy agency?

No.

(9) If surrogacy is officially prohibited (banned/forbidden), is the conduct of the following persons involved in surrogacy process criminalized by the law?

a. Surrogate mother – No;

b. Intended parent(s) – No;

c. Oocyte/sperm donor – No;

d. Facilitator/surrogacy agency – Yes.

Facilitator/surrogacy agency will be criminalized by the law for “designing” the surrogacy process. 

(10) Who is recognized as the legal parent(s) of a baby born by surrogate mother (following surrogacy):

a. Surrogate mother – Yes;

b. Oocyte donor – No;

c. Sperm donor – Yes;

d. Intended mother – No;

e. Intended father – No.

Both the surrogate mother and sperm donor are recognized as legal parent(s) of a baby born by surrogate mother in Denmark.

(11) Do the legal mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (for instance, the adoption procedures)?

There is no conclusive legal framing for this question yet. The adoption of the newborn born by the surrogate mother is a complex legislative process. 

If the intended father is also the genetic father (sperm donor), he will be recognized as the legal father of the newborn unless the surrogate mother is married and there has not been a paternity case, where the husband of the surrogate mother declares that he is not the father of the child.

If the intended father is not recognized as a legal father of the newborn born by the surrogate mother, the only possible option to legislate the parentage is to adopt the newborn. Sounds not so intimidating but here is hidden the HUGE PROBLEM.

The legal adoption process must be designed according to the Hague Convention on the Protection of Children and Co–operation in Respect of Intercountry Adoption (Convention) 29 May 1993 based on international adoption law.

You may glance through several articles taken from the Hague Convention that demonstrate the complicacy of the adoption process:

Chapter II – Requirements for Intercountry Adoptions

Article 4

An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin –

a) Have established that the child is adoptable;

b) Have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that intercountry adoption is in the child's best interests;

c) Have ensured that

(1) The persons, institutions, and authorities whose consent is necessary for adoption have been counselled as may be necessary and duly informed of the effects of their consent, in particular, whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin,

(2) Such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing,

(3) The consents have not been induced by payment or compensation of any kind and have not been withdrawn, and

(4) The consent of the mother, where required, has been given only after the birth of the child; and

d) Have ensured, having regard to the age and degree of maturity of the child, that

(1) He or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required,

(2) Consideration has been given to the child’s wishes and opinions,

(3) The child’s consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and

(4) Such consent has not been induced by payment or compensation of any kind.

Article 5

An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State –

a) Have determined that the prospective adoptive parents are eligible and suited to adopt;

b) Have ensured that the prospective adoptive parents have been counselled as may be necessary; and

c) Have determined that the child is or will be authorized to enter and reside permanently in that State.

Chapter V – Recognition and Effects of the Adoption

Article 23

(1) An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraph c), were given.

(2) Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities.

Article 24

The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.

(12) Is the existence of a genetic link between the baby born through surrogacy process required for establishing paternity/maternity?

No, the legal framing for this question is shaped as the following: legal mother is the woman who gives birth to the child. Legal paternity can be established by declaration or judgement.

(13) Are the other parties involved in surrogacy process mentioned in the baby’s Birth Certificate (or other official document connected to the birth of the baby)?

a. Surrogate mother – Yes;

b. Oocyte donor – No;

c. Sperm donor – Yes or No*;

d. Intended mother – No;

e. intended father – No.

The legal framing for this question establishes that the surrogate mother will be mentioned in the baby’s Birth Certificate, and sperm donor can be mentioned or not. Sperm donor won’t be mentioned in the baby’s Birth Certificate if the surrogate mother is married and her husband declares that he is the newborn’s legal father by signing the Care and Responsibility Declaration. In this case, the name of the surrogate mother’s husband will be mentioned in the Birth Certificate of the newborn.

(14) Are foreign Birth Certificates in surrogacy cases registered in Denmark?

No. The legal framing for this question according to Consolidation (No. 1097 of 2014) of the Children Act (No. 18 of 2014), establishes the following: a woman bearing a child who is the result of artificial insemination shall be considered the legal mother of the child. In Denmark, a foreign birth certificate that indicates another person than the birth mother, as a parent of the newborn won’t be recognized. 

If the newborn’s foreign birth certificate also mentions a newborn’s father name, paternity will be recognized if the man has the genetic link to the newborn.

Conclusive words: 

Legal framework may be really hard. The surrogacy process may be really hard. But all these moments fade when you understand that your miniature version is dreaming in your hands! Happiness? Yes! Gifted by Surrogacy! 

As mentioned previously, surrogacy is one of the best alternative to have your child, handing you the possibility of a miracle! If you and your partner utmost dream is a little tiny one who is the Brand–New Blended Version of you both, the you should really go for it!

Not convinced yet? just imagine two tiny Sparkling Miniature Newborn babies sleeping in croissant–poses on your knees, two tiny Sparkling Miniature Newborn Ladies twisting and turning in their cradle, three sparkling bundles delicately holding the wrists of each other, one tiny one hugging you with the miniature fingertips, one handsome tiny dude and one gorgeous tiny lady cuddling up to each other! Have you just recognized your utmost dream?  Have you caught a virtual unforgettable glimpse of your tiny bundles? The Sparkling triplet where two newborn–bundles are cuddling up to each other and one of them hugs the tiniest bundle? Tiny fingertips on their tiny wrist, Tiny fingertips and tiny palms, Tiny fingertips on the tiny shoulders,Tiny dark–blue sparkling eyes… This is SURROGACY!

RESOURCES:

https://rm.coe.int/inf-2016-4-addendum-e/168077cac9

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