Surrogacy Laws in Europe 2026: What's Legal, What Just Changed, and What's Coming

Last updated: March 2026

Surrogacy is rare in Europe. Four countries have legal frameworks for it. Two tolerate it without legislation. The rest ban it outright. Italy went further in late 2024 and made it a criminal offence for its citizens to arrange surrogacy anywhere in the world. Greece restricted surrogacy to residents only in May 2025. The European Parliament condemned the practice in November 2025.

If you’re considering surrogacy in Europe, the ground just shifted under your feet.

Last updated: March 2026. See our main fertility laws overview for all treatment types.

The Map

CountryStatusWho Can AccessKey Law
GreeceLegal (restricted)Heterosexual couples + single women, Greek residents onlyLaw 3305/2005, Law 5197/2025
UKLegal (altruistic)Any intended parent(s) with genetic linkSurrogacy Arrangements Act 1985, HFE Act 2008
NetherlandsProposed legislationTBDBill introduced June 2023
BelgiumTolerated (no statute)Varies by hospital ethics committeeNo legislation
IrelandLegislatedTBD (regulations pending)AHR Act 2024
ItalyBanned domestically + abroadN/ALegge 40/2004, Law 169/2024
All othersBanned or no frameworkN/AVarious

Greece: The Framework That Just Changed Twice

Greece had the most developed surrogacy framework in the EU. Past tense is deliberate.

The original framework (Laws 3089/2002 and 3305/2005, Articles 1455-1458 of the Civil Code) allowed altruistic gestational surrogacy with court authorization. The surrogate cannot use her own eggs. No profit is allowed; only documented expenses and compensation for positive loss such as lost income. Law 4958/2022 raised the intended mother’s age limit from 50 to 54 (Ovagenesis; Karpouzis Lianou).

Then came Law 5197/2025, Article 46, effective 16 May 2025. Two changes:

First, a residency requirement: both the intended mother and the surrogate must have permanent legal residence in Greece. This ends Greece as a destination for international surrogacy. Cases already heard before May 2025 are exempted, even if decisions were not yet irrevocable. New applications are subject to the new rules (Karpouzis Lianou; Schneider & Stein).

Second, a clarification that “the concept of inability to carry a pregnancy does not refer to an inability arising from one’s gender.” This bars single men and male same-sex couples. Justice Minister Giorgos Floridis announced this with the kind of legislative precision designed to look neutral while being anything but. Legal experts have flagged potential ECHR violations under Articles 8 and 14, citing Vallianatos v Greece (2013) (Greek Reporter; ICLG).

Also new: judicial authorization only becomes effective when the court decision is “final and irrevocable,” not upon initial issuance. This adds time to an already lengthy process (Karpouzis Lianou).

Costs (pre-restriction): €75,000-97,000 total. Surrogate compensation for expenses: approximately €12,000 (The Surrogacy Insider).

Who it’s for now: Heterosexual couples and single women who legally reside in Greece. That’s it.

UK: Altruistic Only, Enforced by Trust

The UK allows altruistic surrogacy under two overlapping laws. The Surrogacy Arrangements Act 1985 makes surrogacy agreements legally unenforceable and criminalizes commercial surrogacy agencies. The Human Fertilisation and Embryology Act 2008 provides the mechanism for transferring legal parenthood via Parental Orders (UK Legislation; NGA Law).

How it works in practice: At birth, the surrogate is legally the child’s mother. Intended parents apply for a Parental Order between 6 weeks and 6 months after birth (proceedings may take approximately 1 year). Requirements: at least one applicant must be genetically related to the child; the child must live with the applicants; applicants must permanently reside in the UK, Channel Islands, or Isle of Man. If granted, legal parenthood transfers from surrogate to intended parents (Tees Law; HFEA).

The system runs on trust. The surrogacy agreement isn’t enforceable. If the surrogate changes her mind, the intended parents have limited legal recourse. If the intended parents change their mind, the surrogate is left holding the responsibility. Everyone involved is choosing to honor an agreement that the law explicitly refuses to enforce.

Costs: £15,000-50,000+ total. Surrogate “reasonable expenses” commonly £12,000-18,000 (up to £35,000). IVF cycle: £4,900-6,300 per cycle. Legal fees: under £12,000 in most cases (SENSIBLE Surrogacy; Brilliant Beginnings).

Netherlands: Bill Pending

The “Wet kind, draagmoederschap en afstamming” (Law on the Child, Surrogacy, and Parentage) was introduced to Parliament on 30 June 2023. It would regulate non-commercial surrogacy only. Key provisions: surrogacy agreements must be recorded before conception and submitted to court for approval; a register is established for the child’s right to information about parentage (Library of Congress; Government.nl).

As of March 2026, the bill has not been enacted. In the meantime, surrogacy occurs in practice at approved centres under existing medical frameworks.

Belgium: No Law, Just Hospital Ethics

Belgium has no surrogacy legislation. The practice is neither explicitly legal nor illegal. It occurs through hospital-led programmes where each fertility centre sets its own criteria.

UZ Brussel (Brussels IVF) offers altruistic gestational surrogacy. Requirements: genetic link to at least one intended parent, approximately 6-month screening process involving fertility doctors, psychologists, obstetrician, and midwives. The complete file goes to an “ethical reflection committee” for approval. Foreign applicants accepted only if surrogacy legislation exists in their country of origin (Brussels IVF).

Saint-Pierre Hospital in Brussels received at least 231 surrogacy requests between 1997 and 2020, of which at least 77 were accepted. UZ Ghent approved only 6 cases between 2004 and 2007 (EmbryMama).

The approval rates tell the story: this is not a readily accessible pathway. It’s a tightly controlled medical programme at a handful of university hospitals.

Italy: Criminal Offence, Worldwide

Law No. 169 of 4 November 2024 (entered into force 3 December 2024) amended Article 12, paragraph 6 of Legge 40/2004. It extends the existing domestic surrogacy ban to Italian citizens abroad. It does not create a new offence or increase penalties; it extends territorial reach (Italian Consulate Houston).

Penalties: 3 months to 2 years imprisonment. €600,000 to €1,000,000 fine (European Institute of Bioethics).

Senate vote: 84 in favor, 58 against, after 7 hours of debate on 16 October 2024. The bill was introduced by Carolina Varchi, MP for Brothers of Italy (Fratelli d’Italia). Coalition partner Lega proposed increasing penalties to 10 years and €2 million, which was rejected (The Hill; Euronews).

Enforcement: As of March 2026, no prosecutions have been publicly reported. The law does not require double criminality: Italy can prosecute even though the act is legal where it occurred. Legal scholar Filomena Gallo called it “legally inapplicable as it ignores the principle of double criminality.” The primary enforcement mechanism appears to be deterrence (Minnesota Journal of International Law).

No domestic constitutional challenges have been reported as filed. Potential conflict exists with ECtHR jurisprudence under Article 8 ECHR, particularly Mennesson v. France (2014) and Paradiso and Campanelli v. Italy (2017) (Globalcit).

Slovakia: Constitutional Ban

Constitutional Law No. 255/2025 amended the Slovak Constitution on 25-26 September 2025, passed with exactly 90 votes (the constitutional minimum). Signed by President Peter Pellegrini, effective 1 November 2025.

Article 16, paragraph 5 now reads: “It is prohibited to enter into an agreement to give birth to a child on behalf of another person.” This bans all surrogacy, both commercial and altruistic. Slovakia is the first country to enshrine a surrogacy ban in its constitution (FSSPX News; Declaration of Casablanca).

EU infringement proceedings (INFR(2025)2208) were opened on 21 November 2025, challenging the amendment under Article 258 TFEU (CEAC Law).

EU Parliament: Condemnation (Non-Binding)

On 13 November 2025, the European Parliament adopted a resolution (TA-10-2025-0278) as part of its Gender Equality Strategy work. Paragraph 14 states:

“Condemns the practice of surrogacy, which involves the reproductive exploitation and use of women’s bodies for financial or other gain, in particular in the case of especially vulnerable women in third countries; calls on the Commission to take measures to support ending this phenomenon.”

Vote: 310 in favor, 222 against, 68 abstentions on the overall resolution (European Parliament; FAFCE).

This is not binding. It’s a political statement that creates no legal obligation for member states. But it signals the direction of the current Parliament and creates uncertainty around the proposed European Certificate of Parenthood regulation, which would enable cross-border recognition of parenthood established via surrogacy in any member state. The 2024 anti-trafficking directive separately identified exploitation of surrogacy as a form of human trafficking for the first time (European Parliament Think Tank, EPRS_BRI(2025)769508).

Outside the EU: Ukraine and Georgia

For context on what “accessible surrogacy” looks like elsewhere:

Ukraine permits commercial surrogacy for heterosexual married couples with medical indication. Intended parents are recognized from conception; their names appear on the birth certificate. The surrogate has no parental rights. Open to foreign married heterosexual couples. Costs: $40,000-65,000 total. Updated by Ministry of Health Order No. 383 (6 March 2024) (The Surrogacy Insider).

Georgia has permitted surrogacy since 1997 under Article 143 of the Law “On Health Protection.” Available to married heterosexual couples or cohabiting couples (1+ year). Gestational surrogacy only. Intended parents’ names on the birth certificate without court process. Costs: $45,000-85,000. A 2023 proposal to restrict surrogacy to Georgian citizens has not been implemented (Growing Families; ARTbaby Georgia).

Cross-Border Parentage: The Real Risk

The biggest legal risk in surrogacy isn’t the treatment. It’s going home.

The ECtHR established the baseline in Mennesson v. France (2014, Application no. 65192/11): France violated Article 8 ECHR by refusing to recognize the parent-child relationship of children born via surrogacy in California where the father was the genetic parent. Denying recognition was not in the child’s best interests (Global Campus of Human Rights).

But the ECtHR then clarified the limits in Paradiso and Campanelli v. Italy (2017, Grand Chamber): where there was no genetic link between the child and either intended parent, Italy could refuse recognition. Genetics matters (Global Campus of Human Rights).

In its 2019 Advisory Opinion (P16-2018-001), the ECtHR held that domestic law must provide a mechanism for recognizing the parent-child relationship with the intended mother (even the non-genetic one), though adoption could suffice. Full transcription of a foreign birth certificate is not strictly required (European Network on Statelessness).

Practical implication: If you’re pursuing surrogacy outside your home country, get legal advice on parentage recognition in your home jurisdiction before starting treatment. The child’s legal status upon return is not guaranteed, and the consequences of getting it wrong fall on the child.

Sources

Full legal overview: Fertility Laws in Europe | LGBTQ options: LGBTQ Fertility | Recent changes: Law Changes 2024-2026 | Ask about your options: Enquiry