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| A Global View of Surrogacy Law | Most western countries’ governments vote for the complete prohibition of all surrogacy arrangements, and in some jurisdictions civil and criminal penalties apply for the people, who enter in these kinds of arrangements. All surrogacy arrangements are prohibited, despite whether they are based on the altruistic or commercial purposes. But another point of view is to release the law that would accept the surrogacy, based purely on the altruistic purpose, and prohibit commercial surrogacy.
Surrogacy Prohibition
There are several states in the USA, where possible forms of surrogacy are prohibited according to the law. These states are the following: Arizona, New Jersey, and Michigan. There are also countries in Europe, which also prohibit any kind of surrogacy arrangement: Germany, Sweden, Norway, Italy, and so on. In Australia all forms of surrogacy are also prohibited, and civil and criminal penalties are imposed on people, who enter into any kind of surrogacy agreement, and people, who facilitate them. In the Australian State of Queensland all forms of surrogacy are also prohibited.
Partial Acceptance: Altruistic Surrogacy Permitted, While Commercial Form of Surrogacy is Prohibited
In some parts of the United States, in the states of Kentucky, Nebraska, and Washington only surrogacy, based on commerce is prohibited. All surrogacy contracts are considered to be unenforceable, and in case if any dispute ever arises, any term of the contract can not be enforced. Commercial surrogacy is prohibited in such European countries, as: France, Greece, Denmark and the Netherlands. Other Australian states, (except Queensland) Victoria, the Australian Capital Territory, Tasmania and South Australia commercial surrogacy is prohibited and only surrogacy, based on pure altruism, without any money being paid to the surrogate mother, is permitted. The same concerns the United Kingdom, although the Surrogacy Arrangement Act, issued in the UK, lets the surrogate mother receive some kind of reimbursement for genuine medical and pregnancy related expenses.
Inaction
Other states of the United States of America do not have some kind of specific legislation, concerning surrogacy arrangements. The same with the following parts of Australia: New South Wales, Western Australia and the Northern Territory. There is neither any cohesive surrogacy regulation, in the South African countries, nor any specific prohibitions against any form of surrogacy contract. But many courts from various jurisdictions while adoption processes state that they would not like to approve any form of surrogacy arrangement, and they are linked to grant adoption orders to the commissioning parents. All kinds of surrogacy arrangements take place without any legislative provision in such countries as Finland and Ireland. In New Zealand there is no specific legislation, which has anything to do with surrogacy as well. But in the Parliament of New Zealand there is a pending bill, which, in case if it is ever passed, will take the country into the partial facilitation group.
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