Which Countries Allow Surrogacy for Gay Couples

While many countries now allow couples to grow their families through surrogacy, not all of them permit gay partners to embark on this exciting and highly rewarding journey. In this article, we will discuss some countries in the world where same-sex individuals and couples can pursue surrogacy and where they cannot.

LGBT Surrogacy in the USA

For many years now, the United States has been a popular destination for same-sex couples considering surrogacy following the ban on the practice in most third-world countries.

States that support gay surrogacy offer legal protection for hopeful parents who want to build their families via surrogacy in the US. And California is the most favorable option for gay men looking to become parents with a Surrogate Mother’s help.

The cost of surrogacy in the USA is still high, and that is one reason many couples don’t want to complete a surrogacy in the US.

However, there are some options that make surrogacy in the US still affordable for some intended parents:

1. The cross-border hybrid program (USA-Mexico)

In this program, the IVF medical procedure and embryo transfer take place in a clinic in Mexico to bring down the cost. A US Surrogate mom goes to the Mexican clinic to undergo the embryo transfer and then returns to her home for her antenatal care and delivery under an American doctor’s supervision.

2. Some gay couples prefer to opt for “private surrogacy”

Also known as independent surrogacy. This is a type of surrogacy in which the Intended Parents work directly with the Surrogate, the Egg Donor, surrogacy attorney, and IVF clinic without using a surrogacy agency’s help. Couples who choose this option can save a lot of money, say around $20,000 to $30,000, but they will need to invest more time and attention in the surrogacy journey. The average cost of independent surrogacy is about $75,000-$90,000.

3. Traditional surrogacy

In this kind of surrogacy arrangement, the Surrogate Mother’s eggs are used to create the embryo and thus she shares genetic connections with the baby in her womb. gay couples and single fathers who pursue surrogacy often resort to this method where one of their close female relatives carries the pregnancy. In most traditional surrogacy, pregnancy is achieved using the ICSI method. While it is possible to avoid the cost of an Egg Donor and IVF by pursuing traditional surrogacy, the overall cost of this process remains high. Gay surrogacy can still cost up to $130,000 even when done using a Traditional Surrogate.

Gay Surrogacy in Laos

Laos is a new attractive option for singles and same-sex couples looking to complete a surrogacy in Southeast Asia. Most of the surrogacy agencies in Thailand relocated to the country following the ban on surrogacy in Cambodia and Thailand. Presently, Laos has no surrogacy laws. Since there is no legal framework regarding surrogacy in Laos, the country has become a popular destination for desperate Intended Parents pursuing inexpensive surrogacy in Asia.

At the moment, surrogacy in Laos remains the most affordable surrogacy option for parents pursuing surrogacy in Asia, and it’s gaining momentum with a lot of fertility services providers moving their headquarters there.

LGBT Surrogacy in Cambodia

Cambodia was another good option for couples considering commercial surrogacy.

Before 2016, there were no surrogacy laws in the country, and this explains why many Surrogate professionals/agencies moved to Cambodia after the ban on surrogacy in Nepal and Thailand. While there are a handful of IVF clinics with Thai and experienced/abroad-trained staff in Cambodia, most of the locals don’t know much about surrogacy. However, the lack of laws regulating surrogacy in Cambodia does not mean an easier process. In fact, the absence of rules only made surrogacy exportable with unforeseen risk.

Birth Certificate and Take Baby Home Procedure

All babies born via surrogacy in Cambodia get the country’s birth certificate, and the name of the genetic father and Surrogate mom is mentioned. Hopeful parents need to get the Surrogate Mother’s consent in a court proceeding before they can go home with the baby after birth.

Cambodia Banned All Types of Surrogacy

Unfortunately, the Cambodian Ministry of Health and Justice banned all kinds of surrogacy arrangements in 2016 and even clamped down most surrogacy agencies and clinics in the country. The Cambodian government now treats surrogacy the same as human trafficking and even laid down severe penalties for anyone who was found to be involved in it. At present, paid surrogacy is completely outlawed, and the altruistic surrogacy that is allowed can only be completed by natives.

LGBT Surrogacy in India

India used to be a popular hub for international surrogacy back in early 2010. And more than 60% of surrogacy cases in India then involved single males or couples in same-sex relationships.

The country was an attractive option for many international intended parents trying to grow their families through surrogacy. They are drawn by the low cost of surrogacy, top-class medicine facilities, and availability of many willing Surrogate Mothers in India.

However, in late 2012, the Indian government placed a ban on gay surrogacy in the country. Only couples who are legally married were permitted to complete a surrogacy.

India has recently become more conservative regarding surrogacy, with all kinds of paid surrogacy now banned in the country. In late 2015, India even prohibited non-Indian married couples from participating in surrogacy. So, currently, only Indian citizens are allowed to pursue surrogacy, according to the recent ICMR guidelines.

Gay Surrogacy in Thailand

After single parents were banned from pursuing surrogacy in India in 2012, Thailand emerged as a new promising destination for single males interested in surrogacy. It only took Thailand a few months to become a popular hub for international surrogacy seekers. The country filled the vacuum created by the gay surrogacy ban in India.

Unfortunately, following reports of some infamous surrogacy cases in the media, the Thailand government outlawed surrogacy – not just same-sex surrogacy but all forms of commercial surrogacy. Currently, foreigners are forbidden from completing surrogacy in Thailand. However, altruistic surrogacy is allowed for married couples, and even that is restricted to close relatives.

Gay Surrogacy in Nepal

The ban on surrogacy in India made surrogacy seekers turn to Nepal as a natural alternative, but not for a long time. A lot of surrogacy agencies and IVF clinics in India that could not offer their services moved their headquarters to Nepal.

Due to the lack of laws regulating surrogacy and poor medical fertility services, Nepal banned foreigners from completing surrogacy in the country. Since 2015, the Nepal Supreme Court has put all surrogacy services on hold because of lack of regulations. But up till now, no progress has been made, and the matter remains like that.

Gay Surrogacy in Ukraine

Ukraine is a favorite destination for intended parents from all around the globe due to the friendly laws regarding surrogacy and egg donation there.

Surrogacy services are offered in Ukraine and are regulated by Ukraine’s law on Health Fundamental and by the Family and Civil Codes. These regulations equally apply to both Ukrainian nationals and foreigners who are in the country for medical tourism.

But surrogacy in Ukraine is only allowed for married heterosexual couples with a letter from their doctor stating why they need a Surrogate. So, Ukraine is not a good option for gay men and singles pursuing surrogacy.

LGBT Surrogacy in Georgia

Since Georgia legalized commercial surrogacy in 1997, it has become a favorite destination for surrogacy and egg donation services. While this small east European country provides safe and low-cost surrogacy options, only married heterosexual couples are permitted.

Gay Surrogacy in Mexico

Mexico was also an excellent option for international surrogacy seekers, especially in the state of Tabasco until the end of 2015. In early 2016, foreigners, including gay men, were prohibited from completing surrogacy in Mexico. The reason is not far-fetched. Due to the lack of federal legislation regarding surrogacy, many surrogacy agencies and operators are offering non-regulated surrogacy to hopeful parents.

Many cases of fraud and corruption amongst those involved in surrogacy were reported in the media. There are also reports of the negligence of Surrogate’s medical care and how they are often abandoned in the middle of the process. Presently, only Mexican nationals finding it difficult to conceive can pursue surrogacy in the country.

A lot of surrogacy agencies are taking advantage of the legal loopholes in the surrogacy framework in Mexico. They can help control or mitigate the risks by getting a prior court order, thereby making the surrogacy arrangement enforceable.

There are several Mexican IVF clinics (especially in Cancun) that partner with US surrogacy agencies to offer a USA-Mexico hybrid program. Under this program, IVF (in vitro fertilization) and embryo transfer are carried out in a local clinic in Mexico, and the prenatal care and delivery of the baby take place in the United States (with US doctors and surrogates). Of course, this helps keep the surrogacy cost lower than when the entire surrogacy process happens in the USA. However, it has its own risks.

This cross-border program is presently one of the most profitable surrogacy options for gay couples but also comes with unforeseeable risks due to it not properly regulated.

Gay Surrogacy in Russia

Russia is another favorite destination for couples who want to become parents through surrogacy. The surrogacy legislation in Russia does not require the couples to be married, thus providing loopholes and making it an excellent option for singles considering surrogacy.

Gay couples can opt for surrogacy services in Russia if they claim to be a single parent seeking surrogacy or that they already have a woman who is ready to help. There are many IVF Clinics in St. Petersburg and Moscow that offer IVF surrogacy to both married couples and singles.

But one of the cons of Russian surrogacy is that, by law, the Surrogate is the legal mother of the baby, and she may change her mind during the process. Surrogacy agencies try to avert this conflicting situation by using Surrogates who are non-Russian but from low-income Asian countries.

Another negative aspect of surrogacy in the country is that Russian society doesn’t support same-sex relationships.

Although there are many fertility clinics offering surrogacy for single parents in Russia, some sections of people are not in support of it. This conservative outlook toward same-sex surrogacy in Russia can put Intended Parents completing surrogacy there at certain risks. There have always been reports that surrogacy will be banned in Russia, but there are no laws prohibiting it up till now.

Surrogacy for Gay Couples in the UK

The UK is not a popular destination for international surrogacy, but citizens can complete surrogacy there. Surrogacy is legalized in the United Kingdom, although there are few legal restrictions. Surrogacy is rarely advertised in the UK because it is illegal to do so.

Besides, surrogacy agreements cannot be enforced in the United Kingdom, which means that the Surrogate mother cannot be coerced to relinquish the baby to the intended parents. So, she may choose to hold on to the baby and be the legal mother even if she is not genetically related to the child.

A pre-birth parentage order is needed for all surrogacy cases in the United Kingdom. It is usually obtained before the child is born to transfer full parental rights from the Surrogate mom and her partner to the hopeful parents. This makes them the legal parents of the baby.

It is better to use a single woman as Surrogate Mother for surrogacy in the UK in order to reduce the complication and documentation when applying for the parental order.

The United Kingdom has recently begun to allow single parents and gay couples to apply for the pre-birth parental order for their surrogacy baby. In the past, only opposite-sex couples were allowed to do so. Single parents would have to legally adopt the surrogate born baby. Singles or gay couples who are citizens of the United Kingdom can now apply for a parental order, meaning that LGBT surrogacy can be done.

Gay Surrogacy in Colombia

Columbia is emerging as a new promising destination for surrogacy in Latin America. It has everything needed to be an ideal choice for affordable same-sex surrogacy.

The pros of doing surrogacy in Colombia are:

1. The Colombian constitution is against any form of discrimination against the LGBT people. Therefore, like heterosexual couples, same-sex or gay partners are also eligible to build their families via surrogacy.
2. The Colombian constitutional court has made LGBT marriage legal in the country since 2016. This implies gay couples have the same rights to build their family through surrogacy as heterosexual singles or couples.
3. In 2015, same-sex couples were allowed to legally adopt a child in Columbia. So, a baby born through surrogacy can easily be adopted by gay couples.
4. The Columbian constitutional court did not place a straight ban on surrogacy like some countries did. Instead, it acknowledged that surrogacy is constitutional and offered guidelines to make sure it’s properly done.
5. Therefore, we can say that Columbia is a safe and low-cost option for LGBT couples pursuing gay surrogacy. Presently, surrogacy in Colombia costs around $64,000. This is more than 70% less compared to the cost of surrogacy in the US.

Gay Surrogacy Costs

Typically, surrogacy is more costly for gay couples and for the following reasons:

1) They also need donor eggs

The cost of egg donation varies based on the type of donor needed. They will have to spend more money if a traveling Egg Donor is used. So, it’s good to consider the type of Egg Donor you prefer when choosing a surrogacy country. If you want your donor to be from Asia, opt for a full surrogacy program in an Asian country. If you would like to use a Caucasian donor, it would be wise to choose a European country for your surrogacy.

In the USA, there are Egg Donors available from all ethnicities and racial background, thanks to the countries cultural inclusivity.

2) Limited options for surrogacy destination

There is a ban on surrogacy in most Asian countries. And low-cost European countries forbid gay men or singles from pursuing surrogacy. Hence, same-sex couples have no option but to consider an expensive surrogacy, such as in the USA, or turn to countries with no surrogacy regulations to reduce cost.

3) Increased cost of fertilization and IVF

If both partners want to have a genetic connection with their babies, they will have to undergo two cycles of egg-donor IVF. That increases the cost of medical procedures since the donor eggs are divided into two and then “mixed” with sperm from both intended parents. So, the fertilization cost is double as embryos are formed through IVF-ICSI for the couples.

The Takeaways

Surrogacy is more expensive and difficult for gay couples to complete. Not only do they spend a fortune to achieve parenthood, but they also need the support of their families and friends during this journey.

Note that not all countries that legalize surrogacy permit same-sex or gay couples. Therefore, single parents have few options regarding where they can complete surrogacy, unlike heterosexual couples.

Coastal Fertility strongly believes that everyone deserves to fulfill their dream of having a baby. We welcome Intended Parents from all walks of life and sexual preferences to take advantage of our surrogacy and fertility services. Our surrogacy specialist can assist and support you anytime. Please feel free to get in touch with us to schedule a consultation or use the chat option.