1.           Is surrogacy regulated by a specific law in your country? No             

2.           Is surrogacy regulated in another way? (please specify) No

3.           Has surrogacy been the subject of jurisprudence/court cases in your country? Not for the moment

4.           Is there a legal definition of the term “surrogacy”? (please specify) No      

9. Is it lawful to advertise surrogacy services? No

10. Is it lawful to remunerate a facilitator/surrogacy agency  No

13.         Who is recognised as the legal parent(s) of a child born following surrogacy?     

a. surrogate mother   

Yes, under Belgian law, the woman who gives birth is the legal parent, even if this is not the genetic mother of the child.

b. oocyte donor    

No, in the context of medically assisted procreation, no action concerning filiation or its economic effects is open to gamete donors. 

c. sperm donor 

No, idem, cf. B

d. intended mother 

No, she can become a legal mother only through adoption    

e. intended father  

Yes conditional. Under the Civil Code, if the mother is not married, in casu the surrogate mother, the intended father may introduce a demand of paternity recognition         

14.         Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. The breaking of parentage can only occur with the adoption by the intended mother and this, following the waiving of the rights by the surrogate mother. But if the surrogate mother is married, the husband of the latter is considered the legal father and must therefore contest his paternity. Once the paternity is contested, the intended father can recognize the child.   

15.         Is the existence of a genetic link required for establishing paternity/maternity? No. 

The legal mother is the woman who gives birth even if she is not the genetic mother.

If the surrogate mother is not married, the intended father can recognize the child at birth.

16.         Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?   

a. surrogate mother  Yes, she is the legal mother

b. oocyte donor No           

c. sperm donor No 

d. intended mother No        

e. intended father  Yes, if he recognizes the child at birth

17.         Are foreign birth certificates in surrogacy cases registered in your country Yes. Despite the illegality of a surrogacy contract that results in a birth certificate drawn up abroad, parentage can be recognized in the best interests of the child.

7.            If surrogacy is allowed, is it lawful for the surrogate mother to receive:  

a. refund of medical expenses N/A

b. refund of other expenses N/A

c. compensation for loss of income N/A        

d. other compensation including non-pecuniary N/A              

e. remuneration or comparable advantage N/A        

• refund of medical expenses       
• refund of other expenses            
• compensation for loss of income             
• other compensation including non-pecuniary   
• remuneration or comparable advantage

7.            If surrogacy is allowed, is it lawful for the surrogate mother to receive:  

a. refund of medical expenses Yes

b. refund of other expenses No

c. compensation for loss of income No        

d. other compensation including non-pecuniary No             

e. remuneration or comparable advantage No        

• refund of medical expenses       
• refund of other expenses            
• compensation for loss of income             
• other compensation including non-pecuniary   
• remuneration or comparable advantage

8.            Can the surrogate also be the oocyte donor?  No general prohibition but it depends on the conditions set by the fertilization centers   

8.            Can the surrogate also be the oocyte donor? N/A

11.         If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? Surrogacy is not explicitly prohibited and is commonly performed. So far this has not happened, although there are reports of overstepping Czech law. However, where there is no prosecutor (so far), there is no judge. If a plaintiff were found, any of the persons mentioned could be criminalized if they were found to have violated the prohibition against financial gain from the human body or the prohibition against trafficking in human beings, especially women and children.

a. surrogate mother       

b. intended parent(s)    

c. gamete donor              

d. facilitator                       

12.         Subject to the applicable law, are you aware of the following unlawful practices in your country?             

a.            remuneration of the surrogate No

b.            remuneration of the gamete donor No       

c.            advertising for surrogacy services No           

d.            remuneration of facilitators No       

e.            any other unlawful practices (please specify) Yes

For several years, the Czech Republic has been a country where Ukrainian surrogate mothers go to give birth and hand over their children to foreign clients, usually single men. However, giving birth and registering a child when both parents agree is not in itself a criminal offence. The procedure is cleverly planned by the actors into successive steps in different countries, where each partial step is legal. The Czech police have been monitoring these practices for a long time in cooperation with other countries. However, international surrogacy obviously cannot be solved without common international legislation.  

6.            Is access to surrogacy subject to specific criteria?             

a. medical criteria (e.g. infertility of the intended parent(s))  No     

b. other criteria (please specify)  No. Surrogacy is not regulated by law. The Czech MAR Society has issued recommendations (exclusively medical indications, weighting with the applicants' own gametes, transfer of a single embryo, age of the surrogate mother under 49, surrogate mothers’ permanent residence in the Czech Republic, etc.), but the compliance is not enforceable.           

9.            Is it lawful to advertise surrogacy services?  Yes. No specific prohibition, these procedures are offered, for example, on the sites of the MAR centers. However, the Czech Transplantation Act says: Advertising and advertising for the purpose of demand or offer of organs are prohibited       

10.         Is it lawful to remunerate a facilitator/surrogacy agency No. No agency officially exists yet. But at least one private centre seeks out prospective surrogate mothers and offers mediation to those interested in the procedure.

5.            Is surrogacy prohibited in your country?              

a. any form of surrogacy No             

b. only specific forms of surrogacy (e.g. commercial) (please specify)  Yes. According to Czech legislation, the human body and its parts must not be a source of financial gain.    

13.         Who is recognised as the legal parent(s) of a child born following surrogacy?     

a. surrogate mother Yes, mother is the woman who gave birth to the child   

b. oocyte donor No             

c. sperm donor Yes, but if the mother is married, her husband will be considered the father by pater-est. A sperm donor (and intended father) may be able to recognize the paternity instead of the husband.

d. intended mother No     

e. intended father No           

14.         Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? 

Not directly. See also answer to question number five.

If the intended father is also the genetic father (e.g. sperm donor), he will be recognized as legal father of the child unless the surrogate mother is married and there has not been a paternity case, where the husband of the surrogate mother declares that he is not the father of the child.

A spouse or cohabiting partner may apply for a stepchild adoption. However according to Danish regulation, the spouse or partner must have been living with the child for 2½ years before a stepchild adoption may be granted and an adoption decree shall not be issued if any of the parties required to consent to the adoption are to give or receive any kind whatsoever of payments or consideration, including compensation for loss of earnings.

If the intended father is not recognized as a legal father the only option to become legal parent of the child is an adoption, which must be in accordance with the 1993-Hague Convention on Intercountry Adoption, and therefore is difficult.

15.         Is the existence of a genetic link required for establishing paternity/maternity? No. 

In Denmark maternity is established by mater est, which means that the woman who gives birth to the child is the legal mother.

Paternity can be established in three different ways:

• By presumption (pater est (the husband to a mother is presumed to be the father of a child) or a man and the mother jointly sign a Care and Responsibility Declaration, paternity will be recognized)
• By declaration or judgment when the man is the genetic father.
• When a man has consented to his spouse or partner undergoing assisted fertilization, paternity can be established. This also applies to co-maternity, when a woman has consented to her spouse or partner undergoing assisted fertilization.

16.         Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?   

a. surrogate mother   Yes    

b. oocyte donor No             

c. sperm donor Yes and no

d. intended mother  No     

e. intended father  Yes and no. If the intended father is also the genetic father, it is possible to recognize the paternity (cf. answer to question 13).     

17.         Are foreign birth certificates in surrogacy cases registered in your country  No. According to Article 30 of the Children Act, a woman bearing a child who is the result of medically assisted procreation shall be considered the mother of the child (mater est). In Denmark a foreign birth certificate that indicates another person than the birth mother, as parent of the child will not be recognized. If the birth certificate also mentions a father, that paternity will be recognized if the man is also the genetic father of the child.         

5.            Is surrogacy prohibited in your country?              

a. any form of surrogacy   Yes. 

Surrogacy arrangements that involve performing of assisted fertility treatments are prohibited by law in Finland. As all surrogacy arrangements facilitated by fertility treatments are prohibited, it is not in these cases relevant whether the arrangement is commercial or not. 

If the surrogate mother becomes pregnant for the purposes of surrogacy without assistance from the fertility clinics (e.g. by sexual intercourse), surrogacy arrangements are not prohibited. However, there is no information whether such arrangements take place in practice.

Although only surrogacy arrangements performed by assisted fertilization are prohibited by the Act on Assisted Fertility Treatments, Section 5 of the Act (as amended by the Act 22/2012) prohibits granting adoption “if any remuneration for the adoption has been given or promised or if someone other than the prospective adopter has, with a view to the adoption being granted, made or undertaken to make remunerative payments for the maintenance of the child. Any contract or commitment concerning the payment of remuneration referred to in subsection 1 shall be null and void"          

b. only specific forms of surrogacy (e.g. commercial) (please specify) YES, please see answer to question 5 a above      

11.         If surrogacy is forbidden, is the conduct of the following persons criminalised by the law?

a. surrogate mother  No     

b. intended parent(s)    

c. gamete donor              

d. facilitator                       

12.         Subject to the applicable law, are you aware of the following unlawful practices in your country?             

a.            remuneration of the surrogate No

b.            remuneration of the gamete donor No       

c.            advertising for surrogacy services No           

d.            remuneration of facilitators  No      

e.            any other unlawful practices (please specify)  No  

5.            Is surrogacy prohibited in your country?              

a. any form of surrogacy Yes             

b. only specific forms of surrogacy (e.g. commercial) (please specify) No.

According to § 13 in the Danish Act on Assisted Reproduction, assisted reproduction cannot be established in relation to an agreement between the woman, who seeks to be pregnant, and someone else, who wishes for her to give birth to a child for them (surrogacy).

8.            Can the surrogate also be the oocyte donor? Not applicable, as medically assisted surrogacy is prohibited.

11.         If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? For A., B. and D. § 175 on prohibited use of human body of the Criminal Code (Act C of 2012) is relevant. In addition, for a. to d., § 213 on violation of family status are also valid.

a. surrogate mother   Yes    

b. intended parent(s)    Yes

c. gamete donor     NA       

d. facilitator      Yes               

12.         Subject to the applicable law, are you aware of the following unlawful practices in your country?             

a.            remuneration of the surrogate  No

b.            remuneration of the gamete donor    No  

c.            advertising for surrogacy services     No       

d.            remuneration of facilitators     No   

e.            any other unlawful practices (please specify)  No

7.            If surrogacy is allowed, is it lawful for the surrogate mother to receive:  

a. refund of medical expenses Yes

b. refund of other expenses Yes

c. compensation for loss of income Yes        

d. other compensation including non-pecuniary Yes              

e. remuneration or comparable advantage No        

• refund of medical expenses       
• refund of other expenses            
• compensation for loss of income             
• other compensation including non-pecuniary   
• remuneration or comparable advantage         

9.            Is it lawful to advertise surrogacy services?   No      

10.         Is it lawful to remunerate a facilitator/surrogacy agency  No

8.            Can the surrogate also be the oocyte donor?  NA