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Bangladesh Journal of Bioethics 2017; 8(3) 

 

 

Editorial  

Surrogacy around the world 

Surrogacy is an encouraging management for 

many childless couples and can hypothetically 

resolve many unbearable pain that they are 

confronted1. Initially surrogacy treatment was 

frowned upon, however, surrogacy is more 

popularly accepted now a day 1.  

Perez (cited in Svitnev) reported that different 

states of USA have different rules and regulations 

on surrogacy2. Most of the states have laws 

allowing surrogacy. But surrogacy is totally 

prohibited in Washington DC, New Jersey, 

Michigan, Louisiana, and New York 3. One the 

other hand, Idaho, Wyoming, Nebraska, Iowa, 

Mississippi, Tennessee, Virginia, Indiana and 

Arizona have law on surrogacy but practices are 

potentially hurdles3. It is interesting to note that 

through there is no law on surrogacy in California 

but surrogacy is permissible in this states2. South 

America ban surrogacy 4.  

Like the USA, different states of Australia has 

different law on surrogacy. Surrogacy is allowed 

in Western Australia, New South Wales and 

Australia Capital Territory. Conversely, Victoria, 

South Australia and Tasmania have law on 

surrogacy but it is very hard to carry out the 

procedure in these states5.  

In European, surrogacy is allowed in UK, 

Belgium, Netherlands, Holland, Finland, 

Portugal, Ukraine 6 Greece and Russia 2. 

Commercial surrogacy is prohibited by law in UK. 

Some charitable organizations such as 

Surrogacy UK, ISSUE, CHILD, COTS are 

working for surrogacy in Britain under Human 

Fertilization and Embryology Act 1990 7.  

Italy was one of the pioneer on surrogacy in 

the world. However, in 2004, Surrogacy was 

banned by the legislation. Matorras (2005 cited in 

Inhorn 2010) reported that officially traditional 

Catholic Spain prohibits surrogacy but per see it 

is not prohibited and it is one of the European 

epicentre of reproductive tourism8. Switzerland, 

Sweden have no law for surrogacy. 

“Israel legalized surrogate motherhood in 

1996. The surrogate can be paid only for legal, 

insurance expenses and compensated for her 

time, loss of income and pain” 9. 

In South Africa, surrogacy is allowed including 

partial, genetic and commercial. Court of South 

Africa gives unprecedented liberty to surrogate 

mother to terminate surrogate agreement even 

within genetic parent at any time by filing a written 

notice 2.  

In Asia, although surrogacy is a grey arena 

nonetheless a news published by the Southern 

Metropolis Weekly and reported that around a 

quarter million (25,000) babies were born in 

China by commercial surrogacy arrangement. 

Surrogate industry challenges the country’s strict 

one child birth laws2. Reuters (2009 cited in 

Svitnev 2006) said Guangzhou authorities for the 

first-time held three young surrogate mothers and 

forced them to abort their fetuses2. Only India has 

law in favour of surrogacy among Asian countries. 

Even commercial surrogacy is popular from 1992 

2. However, Korea operates the ART without 

statute and guideline10.  

All 62 Muslim countries disapprove 

surrogacy11, e.g. United Arab Emirates, Kuwait, 

Qatar, Bahrain, Saudi Arabia,  Syria, Egypt, 

Sudan, Morocco, Sub Sahara Muslim country, 

Turkey, Indonesia, Malaysia, Afghanistan, India, 



Bangladesh Journal of Bioethics 2017; 8(3) 

 

 
Pakistan, Bangladesh etc. 12, 13. In 1999, Iran 

issued a verdict electively permitting surrogacy. 

This ruling achieves acceptance in parts of the 

Shi'ite population e.g. Iran, Lebanon, and part of 

Saudi Arabia, Bahrain, Iraq, Syria, Afghanistan, 

India and Pakistan 14.  

Surrogacy is not recognized by 199 country in 

the globe. Different country has different 

regulations on surrogacy. However, “there are 

some indication of the degree of divergence 

between official discourse and actual practice of 

surrogacy throughout world” 9. There are positive 

changes in attitude toward surrogacy has been 

seen for some countries. This special issue of 

Bangladesh Journal of Bioethics has been 

organized on surrogacy to see the current 

thinking of surrogacy around the world and how 

people come out from the social, religious and 

political framework.  

 

References:  

1. Lasker SP. Infertility treatment in developing 
country. Bangladesh Bioethics Society 2011; I (2) 
:3.  

 
2.Svitnev K. Legal control of surrogacy– 
international perspectives. 2006; p149-163.  
http://www.jurconsult.ru/publications/ethical_dille
mas/13_Legal%20control%20of%20surrogacy%2
0-%20international%20perspectives.pdf 
(accessed on May 2012). 
 
3. Creative family connections. Gestational 
surrogacy law across the United States. 
Surrogacy Agency & Law Firm 
https://www.creativefamilyconnections.com/us-
surrogacy-law-map/ (accessed on May 2012). 
 
4. Utian WH Sheean L Goldfarb JM. Successful 
pregnancy after in vitro fertilization-embryo 
transfer from an infertile woman to a surrogate. N 
Engl J Med 1985;313:1351-1352). 
 
5. Leeton, J. The current status of IVF surrogacy 
in Australia. Aust. NZ J. Obstet. Gynecol.   1991; 
31: 260-262. 
 

6. Cohen, J. and Jones, H. (1999) Assisted 
reproduction. Rules and laws. International 
comparisons. Contracept. Fertil. Sex., 27, I-7. 
 
7. Brinsden RP. Gestational surrogacy. Human 
Reproduction Update 2003; 9(5):483-491. 
 
8. Inhorn MC, Patrizio P, Serour GI. Third-party 
reproductive assistance around the 
Mediterranean: comparing Sunni Egypt, Catholic 
Italy and multi-sectarian Lebanon. Reproductive 
BioMedicine Online 2010; 21, 848– 853.  
 

9. Lasker SP. Surrogacyin Encyclopedia of Global 

Bioethics, Edition: 2016, Springer International, 

pp:1-8. 
https://link.springer.com/referenceworkentry/10.

1007/978-3-319-05544-2_409-1 (Seen on August 

2016)   
 
10. Fasouliotis SJ and Schenker JG. Social 
aspect of assisted reproduction. Hum. reprod. 
update 1999;5(1):26-39. 
 
11. Hussain FA. Reproductive issues from the 
Islamic perspective. Hum. Fertil. 2000; 3: 124-28. 
 
12. Inhorn MC. Making Muslim babies: IVF and 
gamete donation in Sunni versus Shi’a Islam. 
Culture, Medicine and Psychiatry 2006; 30: 427–
450 
 
13. Meirow, D. and Schenker, J.G. The current 
status of sperm donation in assisted reproduction 
technology: ethical and legal considerations. J. 
Assist. Reprod 1997; 14: 133–138. 
 
14. Abbasi-Shavazi MJ, Inhorn MC, Razeghi-
Nasrabad HB and Toloo G. The Iranian ART 
revolution: infertility, assisted reproductive 
technology, and third-party donation in the Islamic 
Republic of Iran. J. Middle East Wom. Stud. 2008; 
4:1–28. 

 

Shamima Parvin Lasker PhD (USA), MPH (USA), 

EMMB (Europe), MPhil (BD), MSc (BD) 

Executive Editor, Bangladesh Journal of Bioethics 
Professor & Head of Anatomy, MH Samorita Medical 
College, Dhaka, Bangladesh 
Visiting Professor, Clinical Anatomy, Dentistry, and 

Bioethics, AUSN, USA. 

Sectary General, Bangladesh Bioethics Society. 

Treasurer, World Association of Medical Editors 

(WAME)  

Chairperson, Ethics & Publication, Asian Pacific 

Association of Medical Editors (APAME)  

Email: splasker04@yahoo.com    


