International Surrogacy Laws: How IVF, Gamete Donation and Gestational Surrogacy Differ

Short answer: IVF, gamete donation and gestational surrogacy are three different services. They involve different people, different screening and, in a cross-border project, different legal frameworks that depend on the jurisdiction [1][2][3]. Treating them as one package is the most common source of confusion when people research international surrogacy laws.

What should an international reproductive project review before anyone signs anything? This article separates the three services, explains why the legal side cannot be answered with a single list, and shows what a well-organized orientation covers.

Three services, three different conditions

IVF: the laboratory and medical part

In vitro fertilization (IVF) is a laboratory-based assisted reproduction procedure. Good-practice guidance for IVF laboratories covers identification and traceability of reproductive cells, oocyte retrieval, insemination, embryo culture and transfer, and cryopreservation [4]. It is a medical and laboratory process, and each step is documented and supervised.

Gamete donation: a separate evaluation

Gamete donation means that eggs or sperm come from a donor. Professional guidance recommends a specific evaluation of potential sperm, oocyte and embryo donors and of their recipients, including screening for infections, genetic conditions and a psychological assessment [1]. A donation is a different decision from IVF, with its own requirements, even though donated gametes can be used in an IVF cycle.

Gestational surrogacy: a medical, legal and human arrangement

Gestational surrogacy involves a gestational carrier. Professional recommendations describe screening, evaluation, and psychoeducational and legal counseling for both the carrier and the intended parents [2]. This is where the conditions are least comparable with the other two services: it adds another person to the project, with her own rights, wellbeing and informed consent, plus obstetric follow-up.

These three services should never be described as equivalent. Their conditions, their providers and their legal implications are not the same.

Why there is no single answer on international surrogacy laws

Rules on surrogacy depend on the jurisdiction, and each market needs its own legal review. A systematic review of cross-border reproductive care identified three major dimensions: legal, economic and ethical. Its authors conclude that regulating this field on legal, economic and ethical bases is crucial to reduce exploitation, and that little is known about its true magnitude [3].

For a reader, that means two practical things:

• A general article cannot tell you what applies to a specific project. Legal questions about filiation, documents or nationality belong with specialized legal professionals in the relevant jurisdictions.
• Marketing materials, including this one, are not legal advice. CELAGEM does not give individual legal advice and does not state the legal position of any country in its communications.

Who provides each service, and where

A clear program says who does what and where it takes place. In CELAGEM’s international program, the division is as follows:

• CELAGEM: can accompany the reproductive evaluation and the creation of embryos at its authorized sites.
• Specialized professionals and organizations: when a project involves gestational surrogacy, the coordination with gestational carriers and the legal aspects depend on them, according to the jurisdiction.

Keeping these roles separate protects everyone involved. CELAGEM’s clinical services are not mixed up with services provided by third parties, and each service is explained with its provider and its location before anyone moves forward.

What an international reproductive project should review

An international project requires medical, legal and human planning. A useful orientation covers:

• Medical plan: reproductive evaluation, laboratory steps and, if relevant, donor or carrier evaluation.
• Legal review by market: performed by qualified legal professionals in each jurisdiction involved.
• Rights and wellbeing of the gestational carrier: informed consent and obstetric follow-up, as topics of the orientation.
• Costs: clear and transparent, subject to a budget built for each case. No project should advance on vague numbers.
• Requirements: a review of requirements before moving forward.
• Timing: subject to availability. Be cautious with anyone who promises a fixed calendar.

No honest program promises a pregnancy, a live birth or a specific legal outcome. Even good-practice laboratory guidelines state that following them does not guarantee a successful or specific outcome [4].

How the International Surrogacy Pathway works

The International Surrogacy Pathway is an individualized assisted reproduction route. It starts with an orientation in which the team explains the three services, who provides each one, where it takes place, what requirements apply and how costs are presented. Every case needs its own route, clear costs and a requirements review before moving forward.

Know your options. Request an orientation with CELAGEM. Write to the team and ask for an evaluation of your project.

Frequently asked questions

Is IVF the same as surrogacy?

No. IVF is a laboratory procedure in which fertilization and embryo culture take place outside the body [4]. Gestational surrogacy is a separate arrangement that involves a gestational carrier, with its own medical screening and legal counseling [2]. A project can include both, but they are different services.

Is gamete donation the same as gestational surrogacy?

No. Gamete donation concerns the origin of the eggs or sperm and requires evaluation of donors and recipients [1]. Gestational surrogacy concerns who carries the pregnancy [2]. Their conditions should not be equated.

Which country’s laws apply to an international project?

It depends on the jurisdictions involved, and each one requires its own legal review [3]. CELAGEM does not give individual legal advice; this is a question for qualified legal professionals in each jurisdiction.

Does CELAGEM coordinate gestational carriers directly?

When a project includes gestational surrogacy, coordination with carriers and the legal aspects depend on specialized professionals and organizations, according to the jurisdiction. CELAGEM accompanies the reproductive evaluation and the creation of embryos at its authorized sites.

How much does the process cost and how long does it take?

Costs are subject to a budget prepared for each case, and timing is subject to availability. The orientation explains how both are presented, with transparency.

References

1. The Practice Committee of the American Society for Reproductive Medicine and the Practice Committee for the Society for Assisted Reproductive Technology. Gamete and embryo donation guidance. Fertil Steril. 2024;122(5):799-813. PMID: 38970576. DOI: 10.1016/j.fertnstert.2024.06.004
2. Practice Committee of the American Society for Reproductive Medicine and Practice Committee of the Society for Assisted Reproductive Technology. Recommendations for practices using gestational carriers: a committee opinion. Fertil Steril. 2022;118(1):65-74. PMID: 35725121. DOI: 10.1016/j.fertnstert.2022.05.001
3. Salama M et al. Cross border reproductive care (CBRC): a growing global phenomenon with multidimensional implications (a systematic and critical review). J Assist Reprod Genet. 2018;35(7):1277-1288. PMID: 29808382. DOI: 10.1007/s10815-018-1181-x
4. ESHRE Good Practice in the IVF Lab Working Group et al. ESHRE recommendations on Good Practice in the IVF laboratory. Hum Reprod. 2026;41(8):1245-1269. PMID: 42405499. DOI: 10.1093/humrep/deag096

This content is informational. It is not medical or legal advice and does not replace consultation with qualified professionals.