- New
Publication date: April, 2026
Pages: 298
ISBN 978-615-7058-15-6 Paperback, €52
ISBN 978-615-7058-14-9 Hardcover, €87
eISBN 978-615-7058-16-3 eBook, €52
Printed copies will be available starting May 2026.
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Preface
Takis Vidalis and Ismini Kriari
Introduction: Philosophical Approaches to Surrogacy and Their Legal Implications
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Silvia Salardi
Silent Legislatures, Loud Realities: The Unregulated Practice of Surrogacy in Belgium
Jehanne Sosson, Silvia Pfeiff
Surrogacy in the Republic of Bulgaria
Yordanka Nikolova-Becheva
The Cyprus Law on Surrogacy
Alexandros Eleftheriou
Surrogacy in French Law: An Absolute Prohibition Aimed at Protecting the Fundamental Principles of the Legal Order
Maria Kalogirou
Legal Framework for Surrogacy in Germany
Susanne Lilian Gössl, Gabriela Niño Pedraza
The Legal Framework of Gestational Surrogacy in Greece
Katia Neofytou, Pantelis Ravdas
Secrets and Lies: Moral Confusion and Banning All Forms of Surrogacy in Hungary
Judit Sándor
Surrogacy in Italy: Critical Aspects
Agnese Martini, Alessia Valongo
The Regulation of Surrogacy in the Netherlands: Rethinking the Dutch Approach
Laureen Hu
Surrogacy in the Polish Legal System: Legal Ambiguities, Doctrinal Debates, and Private International Law Challenges
Małgorzata Węgrzak
Surrogacy in Portugal
Diana Coutinho
Surrogacy: A Slovak Legal Perspective
Katarína Burdová, Lenka Dufalová
Surrogacy in Spain: Nullity of Contracts Versus Stablishment of Parentage in Cross-Border Cases Through Domestic Solutions
Carmen Azcárraga Monzonís
The Impact of Human Rights on Private International Law: The Danish and Swedish Responses to International and Domestic Surrogacy
Erik Sinander
Surrogacy in the UK
Kirsty Horsey
Surrogacy Motherhood in Ukraine: Legalities and Regulations
Sibilla Buletsa
Conclusions
Konstantinos Rokas
List of Contributors
How is surrogacy regulated in Europe today? How much has the intervention of the European Court of Human Rights, for the first time at the level of common European law, in such a controversial area affected national legislations? And finally, where is the balance between respect for human dignity and the right to create a family?
This collective volume presents a representative picture of surrogacy regulation in Europe. At a time when the phenomenon of "fertility tourism" is flourishing, comparing national legal systems, seeking common ground, and pinpointing differences are necessary prerequisites for a more rational approach to the method and, perhaps, for better policy design in this area.
Surrogacy is generally understood as an arrangement in which a woman agrees to carry and give birth to a child for another person or couple, with the prior intention that the child will be raised by the intended parent or parents. Depending on the legal system, a distinction is often drawn between traditional surrogacy, where the surrogate is genetically related to the child, and gestational surrogacy, where she is not. What unites these models is the involvement of multiple actors and the need to determine legal parenthood in light of medical, contractual and personal elements.
The issue of surrogacy has become one of the most contentious subjects at the intersection of family law, medical law, private international law, and criminal law. Legal systems around the world respond to this phenomenon in distinctly different ways. In some cases, the practice is prohibited outright. In contrast, other legal systems permit certain forms, such as altruistic arrangements, or regulate them within detailed statutory frameworks. In many legal jurisdictions, the situation remains fragmented or unsettled. Against this multifaceted and evolving background, the present anthology offers a systematic overview of the current legal landscape relating to surrogacy in a number of countries.
Each chapter is dedicated to a specific national legal system. The contributors carefully outline the relevant statutory provisions, case law, and doctrinal approaches that together form the domestic framework. While describing the prevailing law is fundamental to each contribution, authors were free to determine their own focus and analytical perspective. This methodological openness is of paramount importance, as it enables the volume to reflect not only the diversity of legal solutions, but also the diversity of academic approaches.
Taken together, the contributions provide a structured account of how different states address the legal questions raised by surrogacy. By presenting national frameworks side by side, the anthology facilitates comparison and contributes to a clearer understanding of current regulatory practice. It is intended as a resource for political decision-making, further academic analysis, and informed discussion in both national and cross-border contexts.
Professor Tade M. Spranger, University of Bonn
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