Why is surrogacy banned in many countries?

Eggspecting Surrogacy & Egg Donation

Why is surrogacy banned in many countries?

The Controversial Landscape of Surrogacy Regulation

Surrogacy, a method of assisted reproduction in which a woman carries and gives birth to a child on behalf of another individual or couple, has generated substantial debate and controversy worldwide. While surrogacy is widely accepted and practiced in some countries, it remains banned or heavily regulated in many others. This article aims to explore the reasons behind the prohibition of surrogacy in numerous nations, shedding light on various ethical, legal, cultural, and social concerns that have influenced these decisions.

A suitable illustration of the current situation is that, “The Italian parliament has approved a bill criminalising people who go abroad to have children via surrogacy” (The Guardian).



1. Surrogacy Ethical Concerns:

   Surrogacy raises profound ethical questions regarding the commodification of human life and the potential exploitation of women’s bodies for reproductive purposes. Furthermore, critics argue that surrogates could be coerced into participating due to financial hardship or lack of agency over their own reproductive choices.

Such concerns have led certain countries to ban commercial surrogacy altogether while allowing altruistic forms with strict regulations.

2. Surrogacy Legal Considerations:

   The legality surrounding surrogacy varies significantly across jurisdictions due to complex legal considerations tied to parentage rights and contracts. Some countries ban all forms of surrogacy due to concerns about enforcing agreements made between parties involved after childbirth occurs or difficulties determining parental rights if disputes arise post-birth.

3. Child Welfare:

   Banning surrogacy can also stem from concerns about safeguarding the best interests of children born through these arrangements. Additionally many countries may argue that it is necessary to protect children from potential emotional complexities arising from surrogate-born identity issues or uncertain family structures resulting from international surrogacies involving multiple nationalities.

4. Cultural Factors:

   Cultural beliefs play a crucial role in shaping attitudes towards assisted reproductive technologies like surrogacy as well as notions related to kinship ties, maternity/paternity rights, traditional family models, and societal norms surrounding conception and childbirth practices.

5. Surrogacy Healthcare Standards:

   In several cases where surrogacy is banned, healthcare standards and regulations are at the forefront of concerns. Basically countries may argue that they lack adequate infrastructure or resources to provide comprehensive oversight for surrogacy arrangements, posing potential risks to the health and well-being of both surrogate mothers and intended parents.


Evidently the prohibition or heavy regulation of surrogacy in many countries can be attributed to a culmination of ethical reservations, as well as, legal complexities, child welfare considerations, cultural factors, and healthcare standards. In addition, as societies continue to grapple with these multifaceted issues surrounding assisted reproduction technologies like surrogacy, ongoing debates will shape future legislation on the subject. Striking a balance between respecting reproductive autonomy while protecting human rights remains a challenge governments must navigate when addressing the complex landscape of surrogacy regulation.



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