What does surrogacy cost?
The cost of surrogacy abroad ranges from £27,500 to £95,800 depending on the country, and some countries only allow altruistic surrogacy. None of these fees are covered by the NHS: surrogacy is illegal in the UK under section 2 of the Surrogacy Arrangements Act 1985, which prohibits commercial surrogacy.
| Surrogacy in Canada | £50,000 |
| Surrogacy in Greece | £58,300 |
| Surrogacy in Ukraine | £27,500 |
| Surrogacy in Albania | £29,200 |
| Surrogacy in the United States | £95,800 |
| Surrogacy in Cyprus | £54,200 |
| Surrogacy in Georgia | £37,500 |
For information on how UK legislation applies to your situation, contact the NHS or a solicitor specialising in family law.
Understanding surrogacy
Turning to assisted reproductive technology (ART) is a solution if it is impossible to have a child naturally. If this approach does not work, two options are often considered. The first is adoption, but it is a long and emotionally demanding process.
The second is surrogacy, considered by couples who want a biological child. Surrogacy is illegal in the UK, and a surrogacy agreement made in a country where surrogacy is legal is unenforceable under UK law.
The surrogacy process is difficult to arrange. Finding a reliable surrogate is a real challenge. In the UK, acting as an intermediary between intended parents and a surrogate is a criminal offence, even without payment.
What is surrogacy?
Definition
Surrogacy uses assisted reproduction techniques, but UK law does not recognise it as a form of assisted conception. The principle involves implanting an embryo into a woman’s uterus. The embryo is created through in vitro fertilisation (IVF); in traditional surrogacy, the surrogate is artificially inseminated.
However, the woman who carries the child is not the legal mother. She is a surrogate. In countries where surrogacy is legal, she generally has no parental rights over the child; in the UK, any surrogacy agreement is unenforceable. The surrogate carries the child for a couple known as the intended parents.
Surrogacy can be gestational or traditional. In gestational surrogacy, the embryo is created from the gametes of the intended parents, so the surrogate has no genetic link to the child.
In traditional surrogacy, the surrogate’s own egg is used, making her the biological mother of the child.
UK law on surrogacy
The UK prohibits commercial surrogacy. The Surrogacy Arrangements Act 1985 makes it a criminal offence to negotiate or arrange a surrogacy agreement on a commercial basis[1].
The Human Fertilisation and Embryology Act 2008 sets out the legal framework for surrogacy. The surrogate is the legal mother of the child at birth, and if she is married or in a civil partnership, her spouse or civil partner is the child’s second legal parent. Intended parents must apply for a parental order after the child is born to become the legal parents.
Advertising for a surrogate or as a surrogate is also prohibited under the 1985 Act[2].
If intended parents opt for surrogacy abroad, bringing the child back to the UK can be complex. They must apply for a parental order or adopt the child to be recognised as legal parents.
Some UK couples have faced legal difficulties after surrogacy abroad, particularly regarding nationality and immigration.
The courts have sometimes granted parental orders despite the fact that the surrogacy took place abroad, provided the child’s welfare is paramount.
In 2014, the European Court of Human Rights ruled that France’s refusal to recognise the parent-child relationship of children born through surrogacy abroad violated the children’s right to respect for private life[3]. The UK has its own approach, but similar cases have been heard in UK courts.
In 2023, the Law Commission of England and Wales published recommendations to reform surrogacy law, proposing a new regulatory pathway to make the process clearer and safer[4].
Ethical surrogacy
Public opinion on surrogacy in the UK is divided. A 2022 poll found that a majority supported altruistic surrogacy for heterosexual couples, but there is less consensus for same-sex couples[5].
Some campaigners call for ‘altruistic’ or ‘ethical’ surrogacy to be more accessible, where the surrogate is not paid beyond reasonable expenses. This is already the legal position in the UK, but the process can be lengthy and bureaucratic.
Surrogacy remains a sensitive ethical issue. UK law prohibits commercial surrogacy to prevent the exploitation of women and the commodification of children[6].
There is significant variation in the legal framework for surrogacy across countries. The European Commission proposed a regulation in 2022 to ensure that parentage established in one EU member state is recognised in all others, but it has not yet been adopted[7].
Who is surrogacy for?
Surrogacy is not recognised in the UK as a form of assisted reproduction. Where legal, it generally involves:
- Heterosexual couples who cannot conceive naturally due to infertility or other medical conditions,
- Single men or women who wish to become parents,
- Same-sex couples who wish to start a family.
How does the surrogacy process work?
The process described below is based on reports from countries where surrogacy is regulated. It has no legal effect in the UK, where commercial surrogacy is prohibited and arranging surrogacy is a criminal offence.
Preparation
In countries where surrogacy is regulated, the process begins with medical and legal consultations, during which intended parents discuss their plans.
A surrogacy agreement is then drawn up between the surrogate and the intended parents, according to the law of the country concerned. In the UK, such an agreement is not enforceable[1].
The documents required in the relevant country include medical examinations and legal documents.
If the intended mother cannot use her own eggs, an egg donor is needed. Then comes the selection of the surrogate. Selection criteria, both medical and psychological, vary by country.
Treatment
Once the preparatory steps are complete, the medical treatment can begin. First, the embryo is created in a laboratory. The surrogate visits the clinic regularly to prepare for the embryo transfer.
The transfer takes place when conditions are favourable. A blood test then confirms pregnancy. If positive, the surrogate receives prenatal care.
Birth and return home
The intended parents can follow the pregnancy. At birth, they are notified immediately. The child is handed over to the intended parents according to the law of the country of birth.
The birth certificate is given to the intended parents. It is one of the documents needed to apply for the child’s passport. The family can then return to their home country. However, the child’s legal parentage in the UK is not automatic.
Which countries allow surrogacy?
The United States and Canada allow surrogacy. The surrogate can be compensated in some US states, while Canada prohibits payment and only allows reimbursement of expenses[8]. Conditions vary from one US state to another.
Ukraine and Mexico also allow surrogacy for foreign residents, according to available sources. Russia closed access to foreigners at the end of 2022. Each federal state has its own family law, and conditions for foreign residents vary.
Within the European Union, only four countries explicitly provide for surrogacy in their legislation, always altruistic and never commercial[9]. The Netherlands, Belgium and Denmark do not regulate it. Outside the EU, no institutional source maintains an up-to-date list of countries that allow it:
- Greece: altruistic surrogacy allowed, laws 3089/2002 and 3305/2005[9];
- Cyprus: allowed altruistically, 2015 law on assisted reproduction, articles 22 to 27[9];
- Portugal: provided for by law 90/2021, in force since 1 January 2022, but implementing regulations were still lacking in early 2024[9];
- Ireland: regulated by the Health (Assisted Human Reproduction) Act 2024, but the surrogacy provisions had not yet commenced[9];
- Armenia, Albania, Georgia, Australia and New Zealand are commonly cited as allowing it, but no institutional source verifies this at the date of this page.
How much does surrogacy cost abroad?
Surrogacy costs between £27,500 and £95,800 depending on the country. In Greece, Cyprus and Canada, only altruistic surrogacy is allowed: the surrogate is not paid beyond expenses[8][9].
Is it altruistic? Is the surrogate compensated? Does the local public health system cover medical costs related to pregnancy? All these details are factored into the total cost.
FAQ - Frequently Asked Questions
What are the risks of surrogacy?
The reference review reports hypertensive disorders of pregnancy in 3.2% to 10% of surrogates and placenta praevia or placental abruption in 4.9%[10]. The authors note serious methodological limitations.
Can the surrogate keep the baby?
It depends on the regulations in the destination country. In some countries, the surrogate has a right to change her mind. In the UK, a surrogacy agreement is not enforceable and the surrogate is the legal mother at birth.
How can I be sure about the child’s health?
Selection criteria for surrogates and donors vary by country. No study at the date of the reference review focused on children born through cross-border surrogacy[10]: their long-term outcomes are undocumented.
How do we bring the baby home?
The birth certificate is issued in the country of birth, and its recognition in the UK is not automatic. Intended parents must apply for a parental order within 6 months of the child’s birth.
Is surrogacy covered by the NHS?
Surrogacy is not covered by the NHS, as commercial surrogacy is illegal in the UK. Altruistic surrogacy is permitted, but intended parents must cover all reasonable expenses of the surrogate. Check with the NHS for information on your specific situation.
Do you need to be married to arrange surrogacy?
Eligibility criteria vary by country: some restrict surrogacy to married couples, others allow unmarried couples or single people. In the UK, surrogacy agreements are not enforceable regardless of the applicant’s status.
Sources & References
- Surrogacy Arrangements Act 1985. Consult the source
- Human Fertilisation and Embryology Act 2008. Consult the source
- European Court of Human Rights. Mennesson v. France, 26 June 2014. Consult the source
- Law Commission of England and Wales. Building families through surrogacy: a new law. 2023. Consult the source
- YouGov. Public attitudes to surrogacy. 2022. Consult the source
- Department of Health and Social Care. Surrogacy: guidance for intended parents and surrogates. 2021. Consult the source
- European Commission. Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood. 2022. Consult the source
- Health Canada. Prohibitions related to Surrogacy, Assisted Human Reproduction Act. 2024. Consult the source
- European Parliamentary Research Service. Surrogacy: the legal situation in the EU. Briefing PE 769.508, February 2025. Consult the source
- Söderström-Anttila V, Wennerholm UB, Loft A, et al. Surrogacy: outcomes for surrogate mothers, children and the resulting families, a systematic review. Hum Reprod Update. 2016;22(2):260-276. Consult the source
