Underground surrogacy: a new reality

Strict regulations, has given rise to what we named underground surrogacy, a phenomenon in which individuals try to bypass national restrictions by seeking surrogacy arrangements in countries with more lenient regulations.

In recent years, gestational surrogacy has become a viable solution for individuals and couples facing infertility. However, in countries where surrogacy is strictly prohibited, intended parents are seeking alternative paths to build their families.

At The Baby Surrogacy, we have observed an increasing number of intended parents pursuing surrogacy in locations where oversight is minimal, often avoiding embassy or consulate process.
With stringent laws in place, it’s completely understandable that many intended parents feel they have no choice but to look beyond their home countries. What draw our attention though, is that some of them travel to jurisdictions where surrogacy is legal but slightly regulated, while others opt for destinations where regulations are even more ambiguous.

Normally, intended parents seek surrogacy in surrogacy-friendly countries like the United States or Ukraine, with well-established legal frameworks to ensure legal security and recognition of their parental rights. However, this emerging trend of underground surrogacy is pushing them in the opposite direction, increasing uncertainty and exposing them to greater legal risks.

Underground surrogacy refers to unregulated, informal, or hidden arrangements where intended parents bypass legal frameworks and regulatory oversight. This may include hiring surrogates in countries where surrogacy is illegal or semi-legal or avoiding embassy and consulate procedures to evade scrutiny when obtaining citizenship for the newborn.
This phenomenon has grown in parallel with the tightening of laws in various jurisdictions. Many intended parents, desperate for a child, now seek surrogacy options that operate outside the bounds of legality, often facilitated by intermediaries, online forums or private agreements.
Rather than securing their family’s future with solid legal protections, they now find themselves navigating a precarious and unpredictable legal landscape.

After the surrogacy bans in several countries, many intended parents from around the world seek surrogacy in places where the lack of regulation allegedly allows them to keep their journey undisclosed from their country of origin; however, this is a misguided belief.

The consulate has always been an option depending on the country where surrogacy is done and the country of origin of the intended parents. Sometimes, they need the assistance of their country’s consulate to obtain the necessary travel documents and citizenship recognition for their child, sometimes they don’t. However, avoiding the consulate is not a legal shortcut. Regardless of whether intended parents involve consular protocol or not, they will still need to explain the circumstances of their child’s birth upon returning home, especially if they carry on surrogacy in a country where surrogacy is not regulated and they were required to go through the consulate.

Returning home with a child born through surrogacy from a country with no specific regulation can lead to bureaucratic hurdles, legal battles or even child custody disputes having the surrogate listed as the legal mother on the birth certificate and not having their parental rights recognized. In fact, many countries do not have a legal framework that would allow the surrogate to relinquish parental rights, considering the mother who gives birth.
The lack of regulation in these countries makes it difficult to ensure ethical practices, leaving all parties (parents, surrogates, and babies) vulnerable to exploitation which could expose intended parents to blackmail or, even worse, prevent them from bringing their baby home.

Without oversight, intended parents may also unknowingly engage with agencies or intermediaries that exploit surrogate mothers, offering them little medical, financial, or emotional support.
As the demand for surrogacy persists despite legal bans, a new wave of unregulated agencies has emerged, operating illegally and misleading intended parents for profit.
These agencies take advantage of desperate parents by promising quick and seamless surrogacy journeys in unregulated surrogacy countries, despite knowing the legal risks involved. Many intended parents, unaware of the potential consequences, place their trust in these organizations, only to face legal roadblocks, financial loss or being overcharged to bring their child home.

First and foremost, we encourage families to seek professional guidance, ensuring that their journey to parenthood is safe, ethical, and legally protected.

We believe that the underground surrogacy market raises ethical concerns, particularly regarding the rights and well-being of surrogate mothers and children. This new hidden path, perpetuates a black-market baby trade, exploiting vulnerable women and creating legal uncertainties for children born through these means. On the other hand, restrictive laws push people toward unsafe options, hence legalizing and regulating surrogacy would be a more ethical solution.

The Baby Surrogacy advocates for legal reforms that would allow for a more transparent and regulated approach to international surrogacy, avoiding exposing intended parents to scams.

The rise of underground surrogacy highlights the global disparity in reproductive laws and the desperate measures some intended parents take to build their families. Governments may need to reconsider rigid bans and explore regulated frameworks that prioritize the rights and safety of all parties involved—intended parents, surrogates, and children alike.

Love creates families, but proper planning ensures their future.