How to Become a Surrogate Mother: A Global Legal and Practical Guide

Surrogate mothers, as central participants in assisted reproductive technology, have provided reproductive hope to countless families around the world. As the international legal environment evolves, surrogacy policies vary significantly from country to country. This article combines the latest legal developments with an in-depth analysis of the process, requirements, and legal regulations of becoming a surrogate mother in various countries, covering popular countries such as Georgia, Ukraine, Kyrgyzstan, Kenya, and so on, to help you get a comprehensive grasp of the core information in this field.

1. Definition and classification of surrogate mother

A surrogate mother is a woman who carries and delivers a pregnancy for another person through medical means. Surrogacy is categorized into two types based on the source of the embryo:

Gestational surrogacy: the surrogate only provides the uterus, and the embryo is formed by in vitro fertilization of the spermatozoa from the commissioner or donor, and is not genetically linked to the baby.
Genetic surrogacy (which has been gradually phased out): the surrogate provides the egg, which combines with the commissioner’s sperm to fertilize the embryo, and there is a genetic link.
Modern surrogacy is predominantly gestational, relying on in vitro fertilization (IVF) and embryo transfer techniques, and is subject to strict ethical and legal norms.

2. Legal regulations in countries where surrogacy is legal

Surrogacy policies vary significantly from country to country. The following is an analysis of the laws in popular countries:

① Georgia

Legality: Commercial surrogacy has been legalized since 1997. Article 143 of the Civil Code makes it clear that the commissioning parent is the legal guardian from the time of embryo transfer, and the surrogate mother is not required to sign a document renouncing her right to custody.
Requirements for surrogate mothers: age 21-35, at least one successful normal delivery, good health (normal BMI, no chronic diseases), no criminal record, and need to pass a psychological assessment.
Transparency of the process: the contract needs to be triple filed by the Notary Public, the Ministry of Health and the Ministry of Justice, and the success rate of embryo transfer is as high as 68%.
Advantages: mature legal framework, no disputes over paternity, cost about 40,000-80,000 USD, suitable for international clients.

② Ukraine

Legitimacy: The 2002 Family Law Act makes it clear that commercial surrogacy is legal, and the commissioning parents are recognized as legal guardians from the time of conception, and birth certificates do not show information about the surrogate mother.
Requirements for surrogate mothers: age 25-35, at least one normal birth, no infectious diseases or mental illnesses, pass drug, alcohol and psychological tests.
Legal Risks: Only married heterosexual couples are allowed to apply, marriage certificate notarized and double certified documents are required.
Advantages: low cost (about 50,000-70,000 USD), transparent legal process, known as “European Womb”.

③ Kyrgyzstan

Legality: The Family Law of 2024 makes surrogacy legal, allowing commercial surrogacy, and surrogacy contracts need to be registered by the court.
Requirements for surrogate mothers: aged 20-40, at least one biological child, physically and mentally healthy, married people need written consent from their spouses.
Process Features: Notarized agreement needs to be completed after matching surrogate mother, costs about $50,000-$70,000, including medical, legal and living allowance.
Challenges: Complicated legal process, need to pay attention to contract compliance for international clients.

④ Kenya

Legality: The Assisted Human Reproductive Technology Act 2024 prohibits surrogacy for same-sex couples and unmarried women, and is limited to infertile heterosexual couples.
Requirements for surrogate mothers: medically certified “primary or secondary infertility”, surrogacy contracts subject to court review.
Controversy: The bill has been criticized for restricting the rights of the LGBTQ+ community and for being influenced by conservative ideology in the United States.

3. Motivations and benefits of becoming a surrogate mother

Motivation:

Financial compensation: surrogate mothers in Georgia earn an average of $30,000-$50,000 and about $20,000-$40,000 in Kyrgyzstan.
Altruism: Ukrainian surrogate mothers generally view surrogacy as a good deed to help others.
Personal fulfillment: those who have had a successful birth experience want to experience the process of conception again through surrogacy.

Benefits:

Comprehensive medical coverage: Coverage for labor and delivery and postpartum care reduces health risks.
Legal protection: legalized by the state through a contract that specifies compensation, medical expenses, and privacy terms.
Emotional connection: establish a special bond with the commissioning family and participate in the life creation process.

4. Surrogacy cycle and process

Total length: 12-18 months in three stages:

Legal Matching (1-3 months): Signing the surrogacy contract, clarifying embryo ownership, compensation and medical responsibilities.
Medical Preparation (2-4 months): Hormone therapy to optimize the uterine lining and complete embryo transfer.
Pregnancy and delivery (9-10 months): Regular labor and delivery tests (e.g. NT screening, amniocentesis) and final handover of the baby.

5. Physical and psychological requirements of surrogate mothers

Core conditions:

Age: limited to 20-40 years in most countries (e.g. 25-35 years in Ukraine).
Reproductive history: at least one successful normal delivery without pregnancy complications.
Health indicators: BMI ≤ 30, no history of chronic, infectious or genetic diseases.
Psychological assessment: need to prove emotional stability and acceptance of multiple pregnancies and separation of mother and baby.

6. Medical examination before surrogacy

Mandatory checkup items:

Infectious disease screening: HIV, syphilis, hepatitis B and other blood tests.
Reproductive system assessment: uterine ultrasound, hormone level analysis and pap smear.
Lifestyle Habits Test: urine drug test, alcohol and nicotine dependence assessment.

7. Privacy Protection and Legal Rights

Safeguards:

Anonymity agreement: The surrogate’s real name is limited to the commissioning party and the judiciary.
Confidentiality clause: The contract prohibits the disclosure of sensitive information such as medical records and residential address.
Independent legal counsel: Ensure that the rights and interests of the surrogate mother are not infringed upon during contract negotiations.

8. Role of the Surrogate Mother in Assisted Reproduction

Key Responsibilities:

Cooperate with the medical process: take hormonal medications on time and receive regular monitoring of the embryo’s status.
Pregnancy management: follow medical advice to adjust diet, avoid high intensity activities, participate in prenatal education programs.
Legal handover: complete paternity certification with birth certificate after delivery, assist the client in applying for the baby’s passport.

Conclusion

Becoming a surrogate mother is a major decision that requires balancing physical, psychological and legal risks. Choosing a legal country (e.g. Georgia, Ukraine), being matched with an official agency, and fully understanding the terms of the contract are central to protecting your rights. As the global surrogacy market evolves, it is recommended that interested parties prioritize consultation with a professional reproductive legal advisor to ensure compliance with international norms and ethical requirements at every step.