What is Commercial surrogacy and what does it mean?

The practice of commercial surrogacy has grown in popularity and controversy in recent years. Discussions about assisted reproductive technologies change along with public attitudes toward family structures. The goal of this blog is to offer a thorough overview of commercial surrogacy, covering the psychological, legal, and ethical facets of this complex procedure.
What is commercial surrogacy?
Where is Commercial surrogacy legal?
Difference between commercial and altruistic surrogacy?
Pros and cons of commercial surrogacy?
All aspects of Commercial surrogacy?
FAQs of commercial surrogacy

What is Commercial Surrogacy?

In exchange for financial compensation, a woman (the surrogate) consents to carry and give birth to a child on behalf of another individual or couple. This arrangement is known as commercial surrogacy. The process of commercial surrogacy often involves in vitro fertilization (IVF) to create an embryo using the intended parent’s genetic material or donor gametes. The embryo is then implanted in the surrogate’s uterus and the pregnancy journey starts.

The intended parents usually pay the surrogate’s medical costs and other associated costs in addition to a fee for her services in this kind of surrogacy.

There are various types of surrogacy, and the difference between commercial and altruistic surrogacy is based on whether the surrogate gets paid for services other than covering their medical and other costs. In contrast to altruistic surrogacy, where the surrogate may only receive reimbursement for her pregnancy-related expenses without receiving additional compensation for her services, commercial surrogacy pays the surrogate a fee for her role in carrying and delivering the child.

Many nations and jurisdictions have different laws and regulations about commercial surrogacy. So it is always important to make sure that you are aware of the rules and regulations when you are opting for surrogacy.

Where is Commercial surrogacy legal?

United States – Commercial surrogacy is legal in some states. California, Nevada, and Illinois are renowned for possessing more hospitable surrogacy laws.

India – In 2023, India’s surrogacy law shifted to altruistic surrogacy, prohibiting commercial surrogacy. Surrogates can only receive compensation for medical expenses and insurance.

Thailand – In Thailand, commercial surrogacy is legal only for Thailand residents.

Ukraine – Commercial surrogacy is legal and well-established.

Russia – Commercial surrogacy is legal with specific regulations.

Colombia, Georgia – Commercial surrogacy is legal and regulated.

Iran – Commercial surrogacy is legal and popular.
The particular laws and regulations in the jurisdiction you are interested in can differ greatly, so it is imperative that you learn about and comprehend them. Furthermore, bear in mind that laws can change, so it’s a good idea to speak with legal professionals who focus on surrogacy or reproductive law in the particular area you’re thinking about.

Difference between commercial and altruistic surrogacy

Commercial surrogacy and altruistic surrogacy are two different forms of surrogacy. Here are some of the differences between commercial and altruistic surrogacy.

Commercial Surrogacy

  • Commercial surrogacy is any arrangement in which the woman is compensated for her services beyond reimbursement for her medical expenses.
  • Commercial surrogacy is more expensive than altruistic surrogacy.
  • They are financially motivated to face the mental and physical strain of pregnancy and childbirth by the compensation they receive.
  • In countries where surrogacy is regulated, commercial surrogacy is legal in some countries and in some places it is strictly restricted.
  • An arrangement in which a woman volunteers to carry a pregnancy to term without receiving any compensation.
  • Altruistic surrogacy costs less than commercial surrogacy.
  • In altruistic arrangements, surrogates are driven by a desire to assist others in starting families. Being willing to improve the lives of the intended parents and having empathy are common reasons for choosing to become a surrogate.
  • Altruistic surrogacy is generally more widely open than commercial surrogacy.

Pros and Cons of Commercial Surrogacy

  • Individuals or couples who are unable to conceive and carry a child on their own will be able to become parents through commercial surrogacy.
  • In countries where surrogacy is legal, the legal framework is regulated and mentions all the responsibilities of everyone involved.
  • Surrogates receive financial compensation that will help them financially.
  • Contracts for commercial surrogacy are negotiated in advance to specify the financial compensation the surrogate will receive. This helps avoid disagreements over reimbursements both during and after the pregnancy.
  • Some opponents of commercial surrogacy argue that it exploits vulnerable women.
  • The cost of commercial surrogacy is higher than altruistic surrogacy as the intended parents need to pay compensation to the surrogate in addition to the cost of health care and legal services.
  • Some people think that rather than being a normal and moral aspect of starting a family, commercial surrogacy commercializes the reproductive process and turns it into a transactional relationship.
  • The legal status of commercial surrogacy varies widely globally, and in some places, there may be insufficient legal protections for all parties involved.
When carried out lawfully and morally, commercial surrogacy can be a fantastic way for people to join forces to assist aspiring parents in growing their families. If intended parents are worried about the moral or legal ramifications of commercial surrogacy, they should consult with a qualified expert in a nation or state where surrogacy laws are well-defined and make sure their surrogate receives just compensation and treatment.

More about Altruistic surrogacy Vs Commercial surrogacy

Aspects of Commercial Surrogacy

A woman referred to as the surrogate, enters into a contract with another person or couple, referred to as the intended parents, agreeing to carry and deliver a child in exchange for payment. Legal, ethical, and social issues are brought up by this practice, and laws pertaining to commercial surrogacy differ greatly between nations and areas. Here are some things to think about:

  • Certain nations and states have legalized and regulated commercial surrogacy. This implies that certain laws, such as those pertaining to contract requirements, the rights and obligations of the parties involved, and the requirements for eligibility for intended parents and surrogates, regulate the process.

  • There may be limitations or complete prohibitions on commercial surrogacy in other locations. Certain nations, for example, only allow surrogacy for charitable purposes, meaning that the surrogate receives compensation solely for covering her medical costs and other appropriate costs.

  • Certain ethical concerns are brought up by commercial surrogacy, including the possibility of surrogate exploitation, the commercialization of reproductive services, and the possibility of wealthy people taking advantage of less fortunate people. These ethical concerns could affect how commercial surrogacy is regarded by the law.

  • One important factor is figuring out who the child’s legal parents are. In certain regions, parental rights are established through additional legal procedures like adoption or court orders, but in others, the intended parents are acknowledged as the legal parents from the time of conception or birth.
It’s crucial to remember that opinions on commercial surrogacy can differ greatly, and there are many intricate ethical, legal, and cultural factors to take into account. Over time, legal frameworks and public opinion change, influencing how commercial surrogacy is viewed in various areas.

FAQs of commercial surrogacy

How are commercial surrogates compensated?
Surrogates are generally compensated for their time, efforts, and physical strain during childbirth. The surrogate is compensated for her services beyond reimbursement for medical expenses, travel expenses, and legal and administrative expenses, any other miscellaneous expenses.

How can I become a commercial surrogate?
If you would like to be a surrogate, you must first check and be screened to see if you meet the requirements, and then you must consult and seek guidance from a fertility clinic. Going up to the agency will be very beneficial to you because it will be simpler for you, and they will walk you through every step and provide guidance.

Are there any risks involved in commercial surrogacy?
Medical difficulties during pregnancy, stress for both the intended parent and surrogate, legal issues, and ethical dilemmas are the risks and problems that may arise. It is crucial that all parties involved must be well aware of everything and work with medical professionals and legal counsel.

Is commercial surrogacy legal everywhere?
The legality of commercial surrogacy varies across countries and nations. It depends on the rules and regulations of the surrogacy law of that particular place. Some locations may have limitations or outright bans, others may fully permit and regulate commercial surrogacy. It’s critical to do an in-depth study and comprehend the laws governing the particular state in which the surrogacy arrangement is being implemented.

What is the main difference between commercial and altruistic surrogacy?
Commercial surrogacy is an arrangement in which the woman is compensated for her services beyond reimbursement for her medical expenses. Altruistic surrogacy is an arrangement in which a woman volunteers to carry a pregnancy to term without receiving any compensation.


People who are thinking about commercial surrogacy should definitely get legal counsel catered to their jurisdiction and particular circumstances. The most accurate and recent information can be obtained by speaking with legal experts who focus on reproductive law, as laws and regulations are subject to change. It’s crucial to remember that opinions on commercial surrogacy differ greatly and are still being discussed and developed legally in many areas. It’s critical to remain up to date on the circumstances and legal and ethical frameworks surrounding commercial surrogacy in particular jurisdictions as they change. Working with a respectable commercial surrogacy agency such as Global Star Surrogacy is essential as we can help you throughout the process and make sure all the procedures are followed legally and offer sufficient protection for all parties through our surrogacy contract.
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