Surrogacy in Europe
Europe is not a single space on this question: the picture ranges from countries with fully regulated commercial programs to countries where surrogacy is not an option for intended parents at all. This overview shows how things look in individual European countries and which model is practised where. The legal details are collected in our overview of surrogacy laws.
Three models found in Europe:
- Regulated commercial programs – mainly in Eastern Europe, including Ukraine: the surrogate’s compensation and parental rights are set out in law.
- Altruistic form only – among others the UK, the Netherlands, Denmark, Portugal, the Czech Republic and Greece: compensation is ruled out, expenses are reimbursed.
- No access for intended parents within the country – among others Germany, Austria, France, Italy, Spain, Poland, Norway, Sweden and Estonia.
Ukraine
Ukraine is one of the few European countries with fully regulated surrogacy programs for intended parents. All methods of assisted reproduction are available, and their use is governed by a series of legal acts. Affordable costs, a high standard of medicine and a wide range of programs are among the reasons couples from all over the world travel to Ukraine to become parents.
Reproductive medicine here is developing rapidly: more than 30 private ART clinics operate in the country, and international congresses are held annually.
The compensation paid to the surrogate is not capped by law. All parental rights belong to the intended parents; the surrogate makes no claim to the newborn and cannot contest parenthood in court. The quality of every medical procedure within the program is subject to legal oversight, and the rights and obligations of both sides are clearly defined.
Czech Republic
Since 2014 the Czech Civil Code has contained a section on surrogacy. Both married and unmarried women can become surrogates, and only the altruistic form is practised. There is, however, a gap in the framework: if the surrogate decides not to hand over the child, the law is on her side.
Italy
Italy is among the countries where surrogacy and egg donation are not an option for intended parents. Violations carry severe penalties.
IVF is available only to couples; single people have no access to this treatment. Behind these narrow limits stands the influence of the Roman Catholic Church on legislation and public opinion.
Italian citizens are free to travel abroad for fertility treatment — and many intended parents from Italy take this route.
Germany
The Embryo Protection Act rules out surrogacy and egg donation in Germany. IVF is possible only with the intended mother’s own eggs.
German intended parents therefore turn to agencies abroad.
Poland
In Poland surrogacy is not an option for intended parents: the mother is the woman who gave birth, and a transfer of parenthood is not provided for. Other methods of assisted reproduction are available. A change in this situation is held back above all by the influence of the Catholic Church on legislation and public opinion.
Greece
Greece practises the altruistic form only: compensation for the surrogate is ruled out, and a woman becomes a surrogate purely for altruistic reasons.
She does, however, receive up to 10,000 euros to cover the period of incapacity after birth, which is not treated as a fee.
Spain
In Spain programs are not available within the country, but no penalties are provided for intended parents. Couples are free to complete a program abroad.
For Spanish intended parents the key question is therefore less the choice of program country than the recognition of parenthood after returning home. We clarify this point with you in advance.
