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BELGIUM
“What this proposal anticipates is drafting a ‘detailed’ agreement that specifies the rights and obligations of each party. When we start to delve into the rights and obligations of the surrogate mother, they are quite burdensome, as the agreement would notably stipulate that the pregnant woman does not have the right to take any medication […]
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ARGENTINE
Argentina has become a reference point in the abortion debate thanks to its legislation and social advancements. In 2020, the country legalized abortion up to the 14th week of pregnancy, a groundbreaking process in Latin America. This success is the result of a movement driven by feminist activists, human rights organizations, and progressive groups. This […]
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South Africa
Legislation on surrogacy in South Africa has undergone a process of opening up over the years. In 2005, South Africa became the first country on the African continent to legalize surrogacy with the Alteration of the Children’s Act of 2005. This law establishes requirements and conditions for surrogacy, including the need for contracts and especially […]
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PORTUGAL
In August 2023, an emblematic case of surrogacy was revealed in Portugal, involving a couple of women and a Brazilian woman in the city of Braga [1]. The Brazilian migrant, who was facing financial difficulties, reportedly “agreed” to carry a child for the couple, one of whom was also Brazilian. The situation worsened when, during […]
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Brazil
As a corollary to the presentation of surrogacy in the global marketplace, the offer of the practice as a medical solution or treatment for infertility finds yet another example of this misinterpretation in Brazil. Indeed, although the commercial practice is not authorized, the ultimate reference for its regulation does not come from the political-legislative sphere. […]
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Uganda
Will Uganda become a popular destination for surrogacy? THE LEGAL FRAMEWORK FOR SURROGACY IN UGANDA Uganda’s legal framework does not explicitly regulate surrogacy, i.e. it is neither illegal nor explicitly permitted. However, it is practised informally. Pro-surrogacy movements are calling for it to be regulated, arguing that the current situation provides insufficient protection for […]
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Colombia
Legal Framework in Colombia: There are no regulations specific to surrogacy in Colombia. In the last 25 years, 16 bills have been rejected. While a 2009 Constitutional Court ruling authorized surrogacy “without regulating it,” it did not provide a framework for “how to establish the contract between the different parties, parentage, medical and financial obligations […]
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India
This study looks in turn at the state of surrogacy legislation, the social context in which it develops, and the situation of surrogates who engage in it. Legislation An initial ultra-liberal position in 2002 Surrogacy has been legal in India since 2002[1]. The text does not provide much detail on access or conditions of […]
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Mexico
This study looks in turn at the state of surrogacy legislation, the social context in which it develops, and the situation of surrogates who engage in it. Legislation A country with diverse legislation As Mexico is a federal country, many powers are delegated to the state level. This is the case for surrogacy, which […]
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United Kingdom
Surrogacy Legislation The UK has the oldest law regulating surrogacy. It is the subject of a national consultation launched in 2019 with a view to revising it. The changes would focus on three points: the removal of the six-month to six-week period after the birth of the child during which the surrogate and her partner […]
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