# Surrogacy law checker by country

Check what the cited statutes say about surrogacy in the United States, Canada, the United Kingdom and Australia. Pick a country to see the framework the cited laws describe. This tool only states what the cited statutes and reports say. It is not legal advice.

Use the tool on the [web page](https://surrogacyagencies.fyi/tools/surrogacy-law-checker). It works without JavaScript.

## How to use it

1. Choose country.
2. Read the result.

## How it works

This tool only states what the cited statutes and reports say. It does not interpret, advise or predict outcomes.

United States: there is no federal surrogacy law and each state sets its own rules. The Uniform Parentage Act (2017) is the model framework some states follow. Source: Uniform Law Commission, uniformlaws.org, accessed 2026-11-01.

Canada: Assisted Human Reproduction Act (S.C. 2004, c. 2), current to 2026-09-30, last amended 2020-06-09. Sections 6 and 7 prohibit payment for surrogacy and advertising; section 12 permits expense reimbursement under the Reimbursement Regulations (SOR/2019-193). Source: Justice Laws Website, laws-lois.justice.gc.ca, accessed 2026-11-01.

United Kingdom: Surrogacy Arrangements Act 1985 (c. 49): section 1A unenforceable, section 2 commercial prohibition, sections 2(2A) to (2C) non-profit facilitation, section 3 advertising. Parentage via the Human Fertilisation and Embryology Act 2008 section 54. Law Commission report 'Building families through surrogacy: a new law', 2023-03-29, not enacted as of 2026-11-01. Sources: legislation.gov.uk and lawcom.gov.uk, accessed 2026-11-01.

Australia: no uniform national law; each state and territory has its own Act (NSW Surrogacy Act 2010, Victoria Assisted Reproductive Treatment Act 2008, and others). All prohibit commercial surrogacy and treat agreements as unenforceable; NSW, Queensland and the ACT criminalise residents entering commercial surrogacy overseas. An Australian Law Reform Commission inquiry into surrogacy was referred in 2024 and its report is due 2026-09-11. Sources: ag.gov.au and alrc.gov.au, accessed 2026-11-01.

This checker reflects the cited laws as of 2026-11-01. Laws change. Always consult a licensed family-law lawyer in the relevant jurisdiction.

> For information only, not legal advice. This tool only states what the cited statutes and reports say as of 2026-11-01. Laws change. Consult a licensed family-law lawyer in the relevant jurisdiction before making any decisions.

## Questions

### Can I rely on this tool for legal decisions?

No. This tool only summarises cited statutes and reports. It is not legal advice. Engage a qualified family-law lawyer in each relevant jurisdiction before making decisions.

### Is commercial surrogacy legal in Canada, the UK or Australia?

No. The cited laws prohibit it: Canada's Assisted Human Reproduction Act, the UK's Surrogacy Arrangements Act 1985 and every Australian state and territory law. Only altruistic, expenses-reimbursed surrogacy is permitted.

### What does altruistic mean in practice?

The surrogate receives no payment for carrying the child. Intended parents reimburse reasonable expenses such as medical costs, travel, lost wages, maternity clothing and legal fees, as each jurisdiction's regulations define.

### Can a surrogate change her mind and keep the baby?

In the UK and Australia the surrogate is the legal mother at birth and agreements are unenforceable. In many US states with surrogacy statutes, a valid gestational agreement and a parentage order establish the intended parents' rights. Ask a lawyer about the jurisdiction that applies.

### What is the Law Commission 2023 report?

A joint report by the Law Commission of England and Wales and the Scottish Law Commission, published 29 March 2023, recommending a new regulatory regime for surrogacy in the UK, including a pathway to legal parenthood from birth overseen by non-profit Regulated Surrogacy Organisations. It had not been enacted as of 2026-11-01.

### What is the ALRC inquiry in Australia?

The Australian Law Reform Commission was referred an inquiry into surrogacy laws in 2024, with its report due 11 September 2026. It is considering uniform or complementary federal and state laws. Source: alrc.gov.au, accessed 2026-11-01.