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Legal planning questions

Surrogacy: questions before committing

Use these questions with independent legal advisers and the responsible medical provider. This guide does not determine whether a programme is lawful or suitable for you.

By KGIVF editorial researchPublished 27 October 2026General planning information

Eligibility & contracting

  • Which current rules apply to our citizenship, residence, medical circumstances and family situation?
  • Are there restrictions on recruitment, matching, contracting or cross-border arrangements?
  • Who are the actual parties to each agreement, and which law governs it?
  • Who represents each party independently and explains consent?

Clinical care & responsibilities

  • Which licensed medical institution is responsible for treatment and pregnancy care?
  • How are informed consent, independent advice and the surrogate’s welfare protected?
  • Who makes clinical decisions and pays for complications and postpartum care?
  • How are records, expenses and agreed payments documented?

Parentage, nationality & travel

  • Who will be recorded as the legal parents locally, and on what basis?
  • How does the home jurisdiction recognise that parentage?
  • What evidence is required to establish the child’s nationality?
  • Which authority issues a passport or travel document, and what consents are needed?
  • What happens if registration, recognition or travel documents are delayed?

Policy changes & documents

  • What happens if rules change after a contract is signed or during treatment?
  • Are there verified transitional provisions, or is this an unresolved question?
  • How are suspension, refunds, continuity of care and records handled?
  • Can every important statement be supported by current written advice or an official source?

Keep medical availability, contractual rights and nationality or immigration advice separate. A coordinator’s verbal assurance should not substitute for confirmation by the responsible professional or authority.

KGIVF publishes research and practical questions, not individual treatment plans. No clinician or lawyer is named as a reviewer of this page. Ask appropriately qualified professionals about your circumstances.

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