Where Is Commercial Surrogacy Legal

Commercial surrogacy is complex and generally contentious. It has also become a subject of heated debates. 

The term “commercial surrogacy” might be challenging to define. But it directly relates to any surrogacy process where the surrogate is paid for her services and reimbursed for the medical costs.  Altruistic surrogacy is the opposite of commercial surrogacy, in which a surrogate mother voluntarily agrees to carry a child for the adoptive mother without being paid a fee.

Is it legal despite its complexity and even the ethical issue attached to it? If yes, where is commercial surrogacy legal? Stick through the end of this article to learn more about commercial surrogacy. 

What Is Commercial Surrogacy?

Before we get down to the countries or places where commercial surrogacy is legal, it is essential to understand first what it is.

It can be used for gestational and, in some cases, conventional surrogacy. Because of the traditional surrogate’s standing as the baby’s biological mother, conventional surrogacy is lawfully treated as adoption in some states, creating remuneration for surrogacy arrangements unfair in those situations.

When you develop your agreement with your surrogacy partner and lawyers, you will include all financial details in that agreement. It includes making a deal with any surrogate reimbursement.

Commercial Surrogacy In The United States

If you are from the US, this is something that you have to know about its commercial surrogacy status. Some nations and U.S. jurisdictions have banned or restricted commercial surrogacy arrangements because of ethical concerns. Although these commercial surrogacy rules aim to safeguard women and children, they must take specific unintended implications.

Some U.S. states permit commercial surrogacy, others only permit charitable surrogacy, and some outright forbid it.

Where Is This Commercial Surrogacy Legal?

There are just a few nations worldwide where commercial surrogacy is legal. Most experts advise choosing legal surrogacy nations where mothers who agree to engage in surrogacy programs are compensated.  Ukraine, Mexico, and Colombia are now the three countries where commercial surrogacy is allowed. 


California, one of the states that permit commercial surrogacy, has some of the most precise surrogacy legislation in the world. It makes these jurisdictions a well-liked choice for infertile couples from the US and other countries who wish to explore commercial surrogacy and feel secure in the knowledge that their rights are respected.


In Ukraine, planned parents of a surrogacy child are recognized as their legal parents from the moment of the child’s conception. Additionally, the baby’s date of birth lists their name.

Mexico And Colombia

Thanks to surrogacy programs, married heterosexual couples, as well as LGBT couples and single people, can become parents in Mexico and Colombia. Here, we can legally regulate the surrogacy procedure, guarantee the welfare of the mothers, and assure fair compensation for both the adoptive mother and the surrogate.


There are undoubtedly many reasons for and against using commercial surrogates. The location of the surrogacy, the bond between the adoptive mother and the surrogate, and other factors will influence the benefits and drawbacks to some degree. If you wish to have commercial surrogacy, you can try having it in countries that allow it.  Learn from California’s surrogacy agency if you want to know more about surrogate parenting. Give us a call now!

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