Surrogacy Legal Countries in Asia: A 2025 Guide for Intended Parents
Surrogacy can be a life-changing solution for individuals and couples who are unable to conceive. In Asia, however, the legality of surrogacy varies greatly from country to country, often confusing intended parents. Whether you’re considering commercial or altruistic surrogacy, it’s critical to understand the legal framework before choosing a destination.
In this updated 2025 guide, we highlight the surrogacy legal countries in Asia, their current regulations, and key considerations to help you make informed and ethical decisions.
What Is Surrogacy?
Surrogacy is a reproductive arrangement, where, a woman (the surrogate) carries and delivers a child on behalf of another individual or couple (the intended parents). This option is often pursued when pregnancy is medically impossible or risky for the intended mother.
There are two primary forms of surrogacy:
- Traditional Surrogacy: The surrogate will provide her own egg, and this makes her the biological mother of the child. Fertilization is typically done through artificial insemination.
- Gestational Surrogacy: An embryo created using the intended parents’ (or donors’) egg and sperm is implanted into the surrogate’s uterus. In this case, the surrogate has no genetic connection to the baby [this is the most widely used and legally accepted method today].
Surrogacy Legal Countries in Asia (2025)
Below is an overview of where surrogacy is legal, banned, or allowed under strict conditions across major Asian nations:
| Country | Legal Status | Notes / Key Points |
| India | ❌ Banned (for foreigners) | Only altruistic surrogacy allowed for Indian citizens; commercial surrogacy banned. |
| Thailand | ✅ Legal with restrictions | Only for married heterosexual Thai couples; commercial surrogacy banned since 2015. |
| Georgia | ✅ Legal | Allows commercial surrogacy; open to heterosexual foreign couples. |
| Ukraine | ✅ Legal (Europe/Asia border) | Popular destination for surrogacy; stable legal framework; only for married heterosexual couples. |
| Iran | ✅ Legal | Surrogacy is permitted under Islamic law and regulated, but mostly for Iranian citizens. |
| Russia | ✅ Legal | Allows commercial surrogacy; open to foreigners; regulation exists but can vary. |
| Kazakhstan | ✅ Legal | Gestational surrogacy allowed; law supports foreign heterosexual couples. |
| Laos | ❌ Banned | No legal surrogacy allowed. |
| China | ❌ Banned | Commercial surrogacy is illegal; some underground activities exist, but risky and unregulated. |
| Nepal | ❌ Banned | Previously a hub; now completely banned since 2015. |
| Cambodia | ❌ Banned | Surrogacy banned for foreigners; enforcement remains strict. |
| Vietnam | ⚠️ Restricted | Altruistic surrogacy is legal but only for Vietnamese citizens and close relatives. |
| Philippines | ❌ Banned | No legal framework supporting surrogacy; discouraged and risky. |
| Japan | ⚠️ Ambiguous | Not explicitly regulated; strongly discouraged by medical bodies; no clear legal path. |
| South Korea | ⚠️ Unregulated | No legal prohibition, but surrogacy is not practiced openly or legally supported. |
Best Asian Countries for Legal Surrogacy in 2025
India
- Altruistic surrogacy is legal (only for Indian citizens)
- Surrogacy is banned for foreign nationals, commercial purposes, LGBTQ+ couples, and single parents under the Surrogacy (Regulation) Act, 2021.
- Intended parents must be a married Indian heterosexual couple, married for at least five years, with documented infertility.
- Surrogate must be a close relative (though this remains loosely defined in some states).
- Need strict screening, ethical committee approvals, and medical eligibility.
⚠️ India is not a destination for international surrogacy, but remains a legal option for qualifying Indian couples.
Georgia
- One of the few countries where commercial surrogacy is legal and accessible to foreigners.
- Parents who are looking for surrogacy must be married heterosexual couples.
- Transparent legal process and birth certificate lists intended parents directly.
Kazakhstan
- Allows gestational surrogacy but there will be some rules and regulations to be followed.
- Available to foreign heterosexual couples.
- Requires legal agreement between parties and medical documentation of infertility.
Russia
- Welcomes foreign couples and singles for surrogacy.
- Commercial surrogacy is permitted.
- Requires navigating legal processes and keeping track of changing geopolitical factors.
Countries with Restrictions or Bans: What You Need to Know
Many countries in Asia that once served as surrogacy hubs—like India, Nepal, and Thailand—have tightened or completely banned surrogacy for foreign nationals due to ethical concerns, exploitation risks, and legal loopholes.
Why Did These Countries Ban Surrogacy for Foreigners?
- Reports of surrogate exploitation
- Unregulated commercial arrangements
- Citizenship and legal custody issues for newborns
- Ethical concerns regarding human rights
Legal Considerations Before Choosing a Surrogacy Destination
- Will both intended parents be listed on the birth certificate?
- What is the citizenship status of the child in your home country?
- What are the travel/documentation requirements for taking the baby home?
- Does the country have licensed agencies or clinics?
Surrogacy Alternatives and Future Outlook in Asia
As surrogacy bans increase, medical tourism hubs like Georgia and Kazakhstan continue to see rising demand. Meanwhile, countries like Vietnam and Iran show potential for domestic, altruistic arrangements.
There is also growing discussion in some Asian parliaments about creating ethical surrogacy laws with more robust protections for surrogates and intended parents.
Final Thoughts: Choosing the Right Country for Surrogacy in Asia
Surrogacy can be a viable option, but only in countries where it is legal, ethical, and well-regulated. As of 2025, Georgia, Kazakhstan, Russia, and Iran stand out as the most legally accessible Asian countries for international intended parents. Before you proceed, always consult with a legal professional in both your home country and the destination country to ensure compliance and avoid complications.
