Comparative Analysis of the Legal and Policy Landscape on (Trafficking for the Exploitation of) Surrogacy Across Europe
- Document number
- 3628
- Date
- 30/10/2025
- Title
- Comparative Analysis of the Legal and Policy Landscape on (Trafficking for the Exploitation of) Surrogacy Across Europe
- Author/publisher
- La Strada International
- Availability
- View/save PDF version of this document
- Keywords
- Trafficking for the Exploitation of Surrogacy
- Summary
- This paper examines how 38 European countries, including all EU Member States, regulate surrogacy and address potential human trafficking risks. The study finds that legal approaches vary widely, from regulated altruistic surrogacy to complete prohibition or legal grey zones, yet across these frameworks, most surrogacy situations do not meet the criteria of human trafficking, as they typically involve consent and lack elements of coercion or exploitation. Although the inclusion of trafficking for the exploitation of surrogacy in the EU Directive suggests the issue is grave and widespread, current evidence does not support this assumption. Only eleven trafficking cases were identified across Europe in the past decade, with most legal proceedings concerning parenthood rather than exploitation. The study concludes that surrogacy is not inherently exploitative, but further evidence-based monitoring remains essential to ensure protection where risks may arise.