Top Considerations for International Surrogacy

International surrogacy—when intended parents complete their surrogacy arrangement in a country that is not their own—is a common and growing practice across the globe. Some countries, like the United States, have surrogacy industries that are well-regulated and well-established. Other countries are newer to the family-building process, but still, practice surrogacy in a way that is ethically sound and well-regulated. However, some countries outlaw and criminalize the practice completely, or have poor standards that can put you, your surrogate, and your baby at risk. If you decide to pursue surrogacy outside of your own country, then, it’s incredibly important to be well-versed in the surrogacy laws in whatever country you pursue.

Let’s start with some of the potential advantages of international surrogacy.

• Legal: Compensated gestational surrogacy is legal and well-regulated in only a handful of countries across the world. As a result, intended parents who live in a country that does not permit the family-building process, or where a surrogacy journey may prove to be too complicated, can look abroad for countries that do permit the practice.
• Cost: Surrogacy is a beautiful way to form your family, but it’s also expensive—there’s no getting around this fact. However, the cost of surrogacy varies widely from country to country. Many intended parents in countries like the United States, where compensated surrogacy arrangements often cost upwards of $125,000, turn to other countries where the costs are substantially lower.
• Background: Some intended parents may no longer live in a certain country, but want to work with a gestational carrier and sperm and/or egg donors that are from the same background and culture. International surrogacy allows for that arrangement to happen.
• Foreign Citizenship: Some countries, like the United States and Argentina, will provide citizenship to any child born within their borders, even if the birth is a result of a surrogacy arrangement. Your child will therefore have the opportunity to become a dual citizen.

It’s important for intended parents to weigh these advantages against some of the potential challenges of pursuing international surrogacy. Here are some of the top concerns to keep in mind:

• Legal risks: The laws governing surrogacy can vary widely by country. Many countries don’t have well-regulated surrogacy systems or prohibit the practice entirely. In some countries, surrogacy arrangements could land intended parents in legal trouble. It’s incredibly important to know the laws of the country you are working in—and to work with a lawyer within the country with deep knowledge and expertise in family law.
• Distance: Pursuing surrogacy abroad presents some logistical challenges—depending on where you live, and where your surrogate is located, you might need to travel long distances to provide samples, undergo screenings, and be present for the birth of your child.
• Relationship with your surrogate: Surrogacy is an intimate process, and many intended parents grow very close with their carriers. While you can certainly maintain a meaningful connection with a surrogate in another country, it may prove more challenging than if your surrogate is closer to home. Depending on where you decide to pursue international surrogacy, there may be a language barrier you will have to consider as well.
• Potential risks: It is possible to complete a surrogacy journey in many places around the world, but some have very unregulated industries that can pose legal, health, and ethical risks to your surrogate, your baby, and to you as intended parents. In some places, surrogates may not be compensated as fairly as in countries with a more robust industry. Surrogates also may not undergo comprehensive medical and mental health screenings as well. It’s very important to thoroughly research the country you hope to conduct your journey—and work with well-respected and experienced surrogacy experts in that country to ensure your surrogate journey is ethically sound.