The UN’s latest report on the different manifestations of violence against women and girls in the context of surrogacy warns that, when left unchecked, it risks becoming a global system of exploitation, harming women and commodifying children. The report brings into focus crucial aspects of surrogacy, particularly in countries where it is legal and those where it is either illegal or only partially permitted under certain conditions. Several countries permit surrogacy, albeit with different restrictions and safeguards. Commercial surrogacy is banned in Canada, Denmark, New Zealand, Brazil, Britain and Australia, but they all allow some forms of altruistic surrogacy.
Surrogacy’s Wild West
In countries such as the USA, Ukraine, and Georgia, surrogacy operates in a cowboy-like environment.
- USA: Surrogacy is largely unregulated, and most states permit surrogacy to varying degrees, except in Louisiana, Michigan, and Nebraska, where the practice is illegal. It should come as no surprise that the likes of California and New York are the leading hubs for the American surrogacy market. The Heritage Foundation reported that loose U.S. laws governing international surrogacy also allow foreign nationals, including those from China, to “rent a womb” from American women with little oversight.
- Georgia and Ukraine: The lack of regulation and laws around all forms of surrogacy has accelerated the global surrogacy market in Georgia and Ukraine. Both nations have become surrogacy hubs for foreign parents, especially after India, Thailand, Nepal, and Cambodia closed their markets. Neighbouring Russia, on the other hand, in recent years (in 2022) has moved to legislate barring foreigners from contracting Russian women to be surrogate mothers for them.
Europe’s changing tide
While surrogacy markets expand in parts of Asia and the U.S., Europe is moving in the opposite direction—tightening laws and even banning the practice outright.
- In May this year, Greece (where only altruistic surrogacy is allowed) tightened surrogacy laws around eligibility, where now non-Greek residents are no longer able to access surrogacy services. Two months ago, Slovakia enshrined a ban on surrogacy in its constitution.
In the past two years, Italy and Spain have taken bold steps that many assumed were politically impossible.
- Italy, where surrogacy is already illegal (since 2004), passed a law in 2024 that criminalises what it calls “procreative tourism” — banning Italian citizens from accessing surrogacy abroad. Italians who do so can face up to two years in prison and a fine of up to $836,000.
- In Spain, since 2006, all forms of surrogacy – including so-called “altruistic” ones where no money changes hands – are illegal. Up until 2024, Spanish couples have successfully registered children born through surrogacy in other countries. Now a Supreme Court ruling has set out rules on recognising children born through foreign surrogacy, refusing to let a contract determine a child’s parentage.
Both countries echo the warnings of the UN Special Rapporteur; on the sale and sexual exploitation of children, who has urged nations to move toward abolishing surrogacy in all its forms because of the inherent risks of exploitation, coercion, and commodification. In both countries, the priority is clear: protect children and women first; adult desires come second.
The case of New Zealand
Around the world, countries are recognizing the risks of surrogacy. Many countries have banned surrogacy: Denmark, Finland, France, Germany, Ireland, Italy, Slovakia, Spain, Thailand, Nepal, Portugal, Bulgaria, and Cambodia. Yet New Zealand is drifting in the opposite direction—toward making surrogacy easier and more routine. Whilst existing laws prohibit commercial surrogacy, legislation is weak and enforcement is unclear, and the rights of children are insufficiently protected. The recent Improving Arrangements for Surrogacy Bill does very little to protect the interests of the child. We would argue, it is out of kilter with the Law Commission’s Review on surrogacy and recommendations for strengthening protections.
There is a critical window of opportunity for NZ to implement reforms that prioritizes the interests of a child and women’s dignity. As opposed to normalizing surrogacy and accelerating access for intending parents. The research is unequivocal – surrogacy, in all forms, whether heavily or loosely regulated, represents a serious human rights violation. The practice carries inherent harms for both the child and surrogate mothers. Surrogate mothers are at a heightened risk for emotional trauma and psychological burden. The process leads to the commodification of children. Even when done altruistically, it objectifies children and surrogate mothers and gives rise to lifelong emotional issues for both.
We believe any reforms to New Zealand’s surrogacy laws must be grounded in the best interests of the child—not in adult preferences or industry convenience. A child’s right to their birth mother, and a woman’s right not to have her pregnancy reduced to a legally transferable function, are far too precious to trade for ease or speed. New Zealand needs caution, not haste—protecting children and women must come before convenience. While we may disagree with the UN on many issues, we strongly support its latest recommendation for a global abolition of surrogacy.
Updated: A group of experts convened at the European Parliament in Brussels on November 19th to examine human rights concerns surrounding surrogacy. The event, titled “Surrogacy: An Ethical and Political Challenge for Europe”, was organized with input from ADF International, a conservative nonprofit legal organization, and brought together voices seeking to address the implications of surrogacy for women, children, and European policy. This comes amid the United Nations latest surrogacy report calling for the eradication of the practice worldwide and has continued to spark growing ethical and political debate across Europe.
*Written by Family First writers*
