Surrogacy Laws by Country 2026: Legal, Banned, & Cost

Fertility & IVF · 3 · September 5, 2025

Commercial surrogacy is legal in exactly 7 countries as of 2026: the United States (state-dependent), Ukraine, Georgia, Colombia, Mexico (Tabasco state), Kazakhstan, and — with new regulations — Kenya. India banned commercial surrogacy for international couples in 2021, closing what was once the world's largest surrogacy market.

United States: The Gold Standard at Gold Prices

The US offers the strongest legal protections for intended parents — pre-birth parentage orders are available in surrogacy-friendly states (California, Nevada, Oregon, Connecticut, Maine). Total cost: $120,000-$200,000 including agency fee ($20,000-$30,000), surrogate compensation ($35,000-$55,000), medical costs ($15,000-$30,000 for IVF + delivery), legal fees ($10,000-$15,000), and insurance ($15,000-$30,000 if the surrogate's policy excludes surrogacy).

Ukraine and Georgia: Affordable with Caveats

Ukraine has been the most popular international surrogacy destination since India closed its doors. Total cost: $40,000-$60,000. Georgian surrogacy runs $35,000-$50,000. Both countries have surrogacy-specific legislation that grants parentage to intended parents. Legal process: Ukraine issues a birth certificate naming intended parents directly; Georgia requires a court order (typically granted within 2-4 weeks).

The caveats: Ukraine's ongoing conflict creates logistical uncertainty — though surrogacy agencies in western Ukraine (Lviv) continue operating. Georgia requires at least one intended parent to be a genetic contributor. Neither country allows same-sex couples to pursue surrogacy — a significant limitation.

Colombia: The Emerging Alternative

Colombia's surrogacy framework, established through court rulings rather than legislation, allows commercial surrogacy for both heterosexual and same-sex couples — one of only two countries (alongside the US) to permit surrogacy for same-sex intended parents. Total cost: $50,000-$70,000. The legal framework is less mature than Ukraine's, requiring careful legal guidance, but the inclusive policy and Latin American proximity make it increasingly popular for US-based LGBTQ+ couples.

Cost Comparison

| Country | Cost Range (Gestational Surrogacy (total))

| United States | $120,000–$200,000

| India | Banned for foreigners

| Turkey | $40,000–$60,000 (Ukraine)

| Mexico | $50,000–$70,000 (Colombia)

Key Takeaways

- Only 7 countries currently allow commercial surrogacy for international couples

- US offers the strongest legal protections but at $120,000-$200,000 total

- Ukraine remains the most cost-effective option at $40,000-$60,000 despite geopolitical uncertainty

- Colombia is the only affordable destination offering surrogacy to same-sex couples

Compare real-time pricing using our global cost calculator.