Couples usually start by asking which country is best. Our answer is that it depends on your passport, because the same Ukrainian, Georgian or Armenian birth certificate leads to five different procedures at home. This guide puts both halves side by side: what your home country requires, and what each program country gives you.
Check these two situations first
- Residents of New South Wales, Queensland or the ACT: your state makes a commercial surrogacy arrangement an offence even when it is entered overseas. Speak to an Australian surrogacy lawyer before anything else. We do not enrol couples while that exposure exists.
- Irish couples: the Health (Assisted Human Reproduction) Act 2024 has been enacted but its international rules are not yet in force. Once commenced, it treats compensated programs abroad very differently. See an Irish solicitor before any embryo transfer.
1Your passport at a glance
For UK, US, Canadian and most Australian couples, joining a lawful compensated program abroad is not an offence. The legal work happens when you bring your child home, and it is different for each passport.
| Passport | Is a program abroad lawful for you? | How your child becomes a citizen | The step at home | Watch out for |
|---|---|---|---|---|
| Yes. UK offences target commercial brokering by third parties, not intended parents abroad | British by descent through the genetic British father when the surrogate is unmarried; otherwise registration as a British citizen | Parental order under section 54 of the HFEA 2008 | Surrogate's consent is valid only after 6 weeks; apply within 6 months of the birth | |
| Yes, while the 2024 Act's international rules are not in force | Through the genetic father after a court declaration of parentage; the passport follows | Declaration of parentage for the father; guardianship for the mother | Commencement of the 2024 Act could change the rules for new arrangements | |
| Depends on your state: an offence for NSW, Queensland and ACT residents | Citizenship by descent, by application to Home Affairs | Citizenship registration, then the first passport | Confirm your state's position with a lawyer before the transfer | |
| Yes | Consular Report of Birth Abroad (CRBA) and passport at the US Embassy | Usually none; some attorneys advise a confirmatory parentage judgment | Physical presence: 5 years (2 after age 14) if one spouse is not a citizen | |
| Yes. The AHRA payment ban governs conduct in Canada | Proof of Canadian citizenship from IRCC | Provincial declaration of parentage | A parent born abroad needs 1,095 days in Canada before the birth (Bill C-3, in force since 15 December 2025) |
Summary of our country guides, reviewed June 2026. Not legal advice; rules change, and your own facts matter.
2What each program country gives you
All three countries make the intended parents the legal parents at birth, and the surrogate has no parental claim. The differences are how fast the birth certificate is issued, where surrogates come from, and the security context.
| Program country | Legal basis | Birth certificate | Surrogates | Context |
|---|---|---|---|---|
| Family Code, Article 123 (since 2002) | Both parents, immediately after the birth | From western and central Ukraine only | Ongoing war; births in Kyiv or Lviv with a contingency plan for every program | |
| Statutory since 1997 | Through the civil registry, usually within 1–2 weeks | Georgian or from neighbouring countries, matched by our partner agency in Tbilisi | No conflict | |
| Family Code and the law on reproductive health; no court step | Both parents from birth | Since July 2024, from outside Armenia (for example Georgia or Kazakhstan) | No conflict |
The price does not change with the country: Standard from $47,000 (your own embryos, one transfer), Comfort from $60,000 (one IVF cycle, up to three transfers) and Prestige from $75,000 (up to three IVF cycles, unlimited transfers). Plan on two to four weeks in the program country after the birth for documents and the passport. The full breakdown is on our cost page.
3Matching your passport to a country
UK couples can use any of the three; the parental order process at home is the same. The detail that matters most is the surrogate's marital status. If she is married, her husband is treated as the legal father under UK law, so the child is not automatically British and needs registration first. We plan this before the transfer. Couples who want the registry done on day one tend to choose Ukraine; couples who want the war question off the table choose Tbilisi or Yerevan. Full detail: surrogacy for UK couples.
Irish couples should time the decision with a solicitor, because the 2024 Act distinguishes arrangements made before and after commencement. Today the father establishes parentage in court and the mother relies on guardianship. Full detail: surrogacy for Irish couples.
Australian couples outside NSW, Queensland and the ACT join programs lawfully and apply for citizenship by descent; the genetic link is the evidence Home Affairs relies on. Either Georgia or Ukraine works well, and the price is identical. Full detail: surrogacy for Australian couples.
US couples go through the same CRBA appointment whichever country they choose. Under the State Department's 2021 policy, a married couple's child qualifies when either spouse has a genetic or gestational link and the transmission rules are met. Embryos already stored in the US can be shipped by a partner courier for about $3,000–$4,000. Full detail: surrogacy for US couples.
Canadian couples should check their citizenship track first. Parents born or naturalised in Canada pass on citizenship as before; a parent born abroad must show 1,095 days of physical presence before the birth. Full detail: surrogacy for Canadian couples.
Settle these before the embryo transfer
- Which of you will be the genetic parent, and does that parent meet your country's citizenship rules?
- For US and Canadian parents: your physical-presence history in the US or Canada.
- For UK couples: whether the surrogate is married, and what that means for the first passport.
- For Australian and Irish couples: written advice from a lawyer in your state or in Ireland.
- The document set for home: birth certificate with apostille, certified translations, the surrogacy agreement and DNA evidence.
4Frequently asked questions
Is surrogacy abroad legal for couples from the UK, Ireland, Australia, the US and Canada?
Which program country is fastest for the birth certificate?
Does the program country change what we must do at home?
Why does the surrogate's marital status matter for UK couples?
Do we need a lawyer in our home country?
Not sure which country fits your passport?
Book a free call with Andrew. We will check your citizenship route first, then the medical picture, then the country — and send you a written summary to take to your lawyer.
Book a free consultation →Read next
→ Ukraine, Georgia and Armenia: the three programs compared → Surrogacy cost: Standard, Comfort and Prestige packages → Is surrogacy in Ukraine safe in 2026?Note: This article is general information, not legal advice. It summarises our country guides as reviewed in June 2026. Citizenship and parentage rules change and depend on your own facts — confirm your situation with a qualified lawyer in your home country before starting a program.