Surrogacy
Last updated: February 2026
What is surrogacy?
A surrogate carries a pregnancy on behalf of intended parents who cannot carry a child themselves. In gestational surrogacy, the surrogate has no genetic connection to the child: an embryo created via IVF using the intended parents’ gametes (or donated eggs/sperm) is transferred to the surrogate’s uterus.
Traditional surrogacy, where the surrogate uses her own eggs, is rarely offered at fertility clinics in Europe.
Where it’s legal in Europe
Four countries have legal frameworks. Two tolerate it. The rest ban it.
| Country | Status | Notes |
|---|---|---|
| Greece | Legal (restricted) | Residents only since May 2025. Heterosexual couples + single women |
| UK | Legal (altruistic) | Surrogate is legal mother at birth. Parental Order required |
| Belgium | Tolerated | No legislation. Hospital ethics committees decide case by case |
| Ireland | Legislated | AHR Act 2024, regulations pending |
| Germany | Banned | Embryo Protection Act 1990 |
| Italy | Banned, worldwide | Criminal offence for Italian citizens anywhere since Dec 2024 |
| Slovakia | Constitutional ban | First country to ban surrogacy in its constitution (Nov 2025) |
The European Parliament condemned surrogacy in November 2025 (non-binding, 310 votes to 222).
Full country-by-country breakdown: Surrogacy Laws in Europe 2026.
Costs
- Greece (pre-restriction): EUR 75,000-97,000 total
- UK: GBP 15,000-50,000+. Surrogate expenses commonly GBP 12,000-18,000
- Ukraine (for context): $40,000-65,000. Open to foreign married heterosexual couples
- Georgia: $45,000-85,000
These are total estimates including the IVF cycle, surrogate compensation/expenses, legal fees, and medical care.
The biggest risk
The treatment is the easy part. The legal risk is going home. Parentage recognition across borders is not automatic. The ECtHR established baseline protections in Mennesson v. France (2014) but also confirmed limits: without a genetic link, a state can refuse to recognize parenthood (Paradiso and Campanelli v. Italy, 2017).
Get legal advice on parentage recognition in your home country before starting treatment.
What to ask
- Is your surrogacy programme gestational only?
- What legal framework applies, and what documentation will I need for my home country?
- What is the screening process for surrogates?
- What happens if the surrogate changes her mind?
Need guidance? Send an enquiry.
Sources
- HFEA. Surrogacy: A Factsheet: https://www.hfea.gov.uk/about-us/media-centre/surrogacy-a-factsheet/
- ECtHR: Mennesson v. France (2014), Application no. 65192/11
- ECtHR: Paradiso and Campanelli v. Italy (2017), Grand Chamber
- European Parliament Resolution TA-10-2025-0278 (November 2025)
- Italian Law No. 169 (4 November 2024), amending Legge 40/2004
This page is for informational purposes only and does not constitute medical advice or legal counsel. Always consult a qualified specialist before making decisions about surrogacy.