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Surrogacy Today: A European Legal Overview

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Edited by Takis Vidalis, Ismini Kriari

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.

For any unavailable copies on our website, please refer to our distributors: ISD LLC for North and South America and Mare Nostrum for Europe and the rest of the world.

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Preface

   Takis Vidalis and Ismini Kriari


Introduction: Philosophical Approaches to Surrogacy and Their Legal Implications  Download PDF

   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

Data sheet

Editor(s)
Takis Vidalis, Ismini Kriari
Imprint
Trivent Ethics in Science and Technology
Book series
Biolaw in the 21st Century
Volume no.
2
Book series editor(s)
Takis Vidalis
ISBN (hardcover)
978-615-7058-14-9
ISBN (paperback)
978-615-7058-15-6
eISBN
978-615-7058-16-3
Publication date
April, 2026
Page numbers
298

Specific References

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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