Religious and Cultural Influences on Surrogacy Legislation

Religious and Cultural Influences on Surrogacy Legislation often determine whether surrogacy is permitted, restricted, or outright banned in different countries

Surrogacy law is one of the clearest examples of how religion, culture, ethics, and family traditions shape national legislation. While some countries embrace surrogacy as a pathway to parenthood, others restrict or fully prohibit it based on cultural values, religious doctrines, or historical family norms. Understanding these influences reveals why global surrogacy laws remain so diverse and why legal reform in this area is often sensitive and slow.

1. Religion as a Key Driver of Surrogacy Policy

a. Christianity

Christian-majority countries vary widely.

• Catholic doctrine generally discourages surrogacy because it separates conception from the marital act and may involve third-party intervention. This has influenced restrictive rules in countries like Italy and Spain, where commercial surrogacy is prohibited.
• Protestant-majority nations, especially in Northern Europe, often take a more flexible approach, with some allowing altruistic surrogacy under regulated conditions.

b. Islam

Islamic perspectives on surrogacy differ among scholars, but many interpretations discourage or prohibit the practice because it introduces a third party into the reproductive process, which may complicate lineage (“nasab”).
This has influenced restrictive legislation in many Muslim-majority countries across the Middle East and North Africa.

c. Judaism

Jewish law tends to prioritise procreation as a religious duty, and some rabbinical authorities support gestational surrogacy when it is the only viable option for a couple.
Israel, influenced by this perspective, is one of the world’s most supportive and regulated surrogacy environments, particularly for its citizens.

d. Eastern Religions (Hinduism, Buddhism, Sikhism)

Countries with strong cultural roots in Hinduism and Buddhism often hold more flexible views on assisted reproduction.
India, Nepal, and Thailand historically became hubs for commercial surrogacy until ethical concerns and exploitation issues triggered tighter controls.
However, cultural acceptance of extended family support systems contributed to early openness.

2. Cultural Norms Shaping Surrogacy Laws

a. Views on Lineage and Ancestry

In cultures where bloodline purity, inheritance, or clan identity are deeply valued, governments may be cautious about surrogacy.
Concerns include:

• Who is the “true” mother?
• What surname or clan does the child belong to?
• How does surrogacy impact inheritance?

These questions shape stricter laws in many Asian, Middle Eastern, and African contexts.

b. Concept of Motherhood

In some societies, motherhood is defined biologically and gestationally. In others, social or nurtured parenthood is equally recognised.
These views heavily influence:

• whether surrogates can be paid,
• how parental rights are transferred,
• whether foreign intended parents can participate.

c. Community Perception and Social Stigma

Where surrogacy is associated with family shame, infertility stigma, or misunderstandings about morality, lawmakers often adopt restrictive policies to reflect public opinion.
Conversely, countries where diverse family forms are culturally accepted—such as Canada, the UK, and some U.S. states—lean toward regulated altruistic surrogacy.

3. Global Legislative Patterns Influenced by Religion & Culture

a. Prohibitive or Highly Restrictive Countries

• Many Middle Eastern nations (religious concerns)
• Several European Union states (Catholic moral frameworks and ethical concerns)
• African nations where lineage and cultural parenthood norms create legal hesitation

b. Regulated Altruistic Surrogacy

• United Kingdom
• Canada
• Australia
  These countries emphasise ethical treatment, informed consent, and non-commercial arrangements inspired partly by cultural emphasis on fairness and non-exploitation.

c. Former Commercial Surrogacy Hubs (Now Restricted)

• India
• Thailand
• Nepal
  Cultural acceptance originally enabled growth, but concerns about exploitation shaped newer restrictions.

d. Supportive but Strictly Regulated Systems

• Israel (religious acceptance combined with strong legal oversight)
• Certain U.S. states (cultural openness to reproductive autonomy)

4. The Future: Evolving Norms and Emerging Debates

As globalization accelerates and family structures diversify, many countries are reassessing their surrogacy laws. The interplay between tradition and modern reproductive technology will continue to evolve.
Key debates include:

• cross-border surrogacy and exploitation concerns,
• recognition of diverse family forms,
• ethical compensation for surrogate mothers,
• children’s citizenship and parentage rights.

Religion and culture will likely remain central influences, but global advocacy for reproductive choice and child welfare is pushing nations toward clearer, more humane legislation.

FAQs: Religious and Cultural Influences on Surrogacy Legislation

1. Why do surrogacy laws differ so much between countries?

Because religion, cultural traditions, ethical views, and public opinion all shape how governments define family and parenthood.

2. Are there religions that explicitly allow surrogacy?

Judaism is generally supportive under regulated conditions. Some Christian denominations take neutral or flexible positions. Interpretations vary within all religions.

3. Why do some countries allow altruistic but not commercial surrogacy?

Cultural and ethical concerns about exploitation, commodification of women, and child-welfare often drive such distinctions.

4. Is cultural stigma still a barrier to surrogacy?

Yes. In many regions, stigma about infertility or unconventional family forms significantly influences restrictive legislation.

5. Are global surrogacy laws evolving?

Yes. As technology advances and social norms shift, many countries are reviewing or updating their surrogacy laws to balance ethics, rights, and cultural values.