Is Surrogacy Legal in Iran? Understanding the Laws in 2025

Ata Safarnezhad 1 December 2025

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The definitive answer is yes, surrogacy is unequivocally legal in Iran. The country has established a comprehensive and supportive legal framework that not only permits the practice but actively regulates it to protect all parties involved. This clarity makes Iran a secure and reliable destination for international intended parents seeking a safe path to parenthood. Unlike many nations where surrogacy exists in a legal gray area or is outright banned, the surrogacy laws in Iran are clear, codified, and based on both religious edicts and national legislation, offering a level of certainty that is paramount in such a significant life journey.

The legal foundation in Iran specifically supports gestational surrogacy, where the surrogate mother has no genetic connection to the child she carries. This modern approach is governed by legally binding contracts and pre-birth court orders that firmly establish the legal rights of intended parents from the very beginning of the process. For heterosexual married couples facing infertility, this robust legal system provides the peace of mind needed to embark on their surrogacy journey with confidence, knowing their parental status is protected by law.

The Legal Foundation of Surrogacy in Iran

The legality of surrogacy in Iran is a unique confluence of religious interpretation and modern legislative action. This dual support system has created a stable and enduring environment for assisted reproductive technologies, distinguishing Iran from many other countries in the region and beyond. Understanding this foundation is key to appreciating the security it offers.

The Role of Religious Fatwas

The initial and most crucial step towards legalizing surrogacy came not from politicians but from religious leaders. In 1999, the Supreme Leader of Iran, Ayatollah Ali Khamenei, issued a landmark fatwa (a legal ruling in Islamic law) permitting gestational surrogacy. This ruling was instrumental in shaping the public and legal perception of the practice.

The Shia Islam view on surrogacy, as articulated in this fatwa, is rooted in principles of compassion and the importance of family. It recognizes the profound emotional and social distress caused by infertility and views assisted reproductive technologies as a permissible and benevolent means to help couples build their families. This religious sanction removed the primary cultural and ethical barriers, paving the way for medical and legal advancements in the field.

Codification into National Law

Following the influential fatwa, the Iranian Parliament took steps to formalize the practice. In 2003, the “Embryo Donation Act” was passed, which, while primarily focused on donation, provided the legislative backbone for regulating assisted reproductive technologies more broadly. This act was subsequently interpreted and expanded upon by Iranian courts to create a comprehensive legal framework for surrogacy.

This legislation empowered the judicial system to oversee and enforce surrogacy agreements. It established the procedures for creating legally binding contracts and obtaining court orders that validate the arrangement and confirm the parentage of the intended parents. This transition from a religious permission to a state-regulated process was a critical development, creating the structured and secure Iran surrogacy regulation system that exists today.

What Type of Surrogacy is Permitted?

The Iranian legal system makes a clear and important distinction between different types of surrogacy. The law exclusively permits gestational surrogacy, a specific method that ensures legal and genetic clarity regarding the child’s lineage. This focus is a cornerstone of the country’s ethical and legal approach.

Defining Gestational Surrogacy

The established gestational surrogacy legality in Iran means that only arrangements where the surrogate is not the biological mother of the child are allowed. The process works as follows:

• An embryo is created in a laboratory using the egg from the intended mother (or a donor) and the sperm from the intended father.
• This embryo is then transferred into the uterus of the gestational surrogate.
• The surrogate carries the pregnancy and gives birth, but she shares no genetic link with the baby.

This method ensures that the child is genetically related to one or both of its intended parents, which aligns with Islamic legal principles concerning parentage and inheritance. It provides an unambiguous answer to the question of who the “real” parents are, both biologically and legally.

Why Traditional Surrogacy is Prohibited

Traditional surrogacy, where the surrogate’s own egg is fertilized with the intended father’s sperm, is not legal or practiced in Iran. The prohibition stems from the legal and religious complexities it creates regarding motherhood. In a traditional arrangement, the surrogate is both the genetic and birth mother.

This dual role raises significant questions about lineage, maternal rights, and inheritance under Islamic law. To avoid these ambiguities and potential disputes, the legal framework was designed to exclusively support the clearer, more defined structure of gestational surrogacy, thereby protecting the integrity of the family unit as defined by law.

Who is Eligible for Surrogacy in Iran?

The Iran surrogacy regulation system includes clear eligibility criteria for both the intended parents and the women who choose to become surrogates. These rules are in place to ensure the process is conducted ethically, that all parties are suitable for the journey, and that the best interests of the future child are prioritized.

Criteria for Intended Parents

The surrogacy program, including surrogacy for foreigners in Iran, is open to couples who meet specific requirements. These are designed to confirm medical necessity and the stability of the family unit.

• Legal Marriage: The intended parents must be a legally married heterosexual couple. A valid marriage certificate is a required document for the legal process.
• Medical Need: The couple must provide medical proof that the intended mother is unable to carry a pregnancy to term. This could be due to issues like a uterine abnormality, a history of recurrent miscarriages, or a medical condition that would make pregnancy life-threatening.
• Physical and Mental Health: Both intended parents must be deemed physically and mentally fit to raise a child. This includes screening for infectious diseases such as HIV and hepatitis.
• Genetic Link: At least one of the intended parents must have a genetic link to the embryo. The use of both donor eggs and donor sperm simultaneously is generally not permitted.

Criteria for Surrogate Mothers

The selection of a surrogate is a meticulous process involving rigorous screening to ensure her health and well-being throughout the pregnancy. The criteria are designed to protect her and maximize the chances of a successful, healthy pregnancy.

• Age Requirement: Surrogates are typically between the ages of 21 and 35.
• Proven Fertility: She must have successfully carried at least one pregnancy of her own to term without major complications.
• Good Health: A comprehensive medical evaluation is conducted to confirm she is in excellent physical health and has no conditions that could complicate a pregnancy. A psychological evaluation is also mandatory to ensure she is emotionally prepared for the journey.
• Marital Consent: If the surrogate is married, she must have the written consent of her husband to participate in the program.
• Lifestyle: She must have a stable lifestyle and be a non-smoker who does not use alcohol or illicit drugs.

The Legal Process: A Step-by-Step Guide

Iran’s legal process for surrogacy is methodical and transparent, designed to establish legal certainty before the medical procedures even begin. This proactive approach is one of the greatest strengths of the Iranian system, ensuring that the rights and responsibilities of everyone involved are clearly defined from the outset.

The Importance of Legally Binding Surrogacy Contracts

The foundation of any surrogacy arrangement in Iran is a comprehensive legal contract. This is not an informal agreement but a legally enforceable document drafted by a lawyer specializing in family and reproductive law. The surrogacy contracts in Iran are detailed and cover all aspects of the arrangement to prevent future misunderstandings or disputes.

Key elements covered in the contract include:

• The financial compensation for the surrogate, detailing the payment schedule.
• Coverage for all medical expenses, maternity clothes, and dietary needs.
• The surrogate’s responsibilities, such as attending all medical appointments and following the doctor’s advice.
• The intended parents’ responsibilities and rights.
• Contingency plans for situations like a multiples pregnancy, medical complications, or miscarriage.

Obtaining the Pre-Birth Court Order

This is the most critical legal step in the Iranian surrogacy process. Before the embryo transfer takes place, the intended parents and the surrogate, along with their legal representatives, must apply to a designated family court. The court’s role is to officially review and sanction the surrogacy agreement.

During this process, the judge will review all the necessary documents:

• The medical reports confirming the intended parents’ infertility.
• The results of the surrogate’s medical and psychological screenings.
• The legally drafted surrogacy contract.
• The marriage certificate of the intended parents and identification for all parties.

Once the court is satisfied that all legal and medical requirements have been met, it issues a binding pre-birth order. This judicial decree confirms the legality of the surrogacy arrangement and, most importantly, declares that the intended parents will be the sole legal parents of the child born from the arrangement.

Birth Registration and Parental Rights

The power of the pre-birth court order becomes fully evident after the child is born. The court order is presented to the hospital administration and subsequently to the National Organization for Civil Registration. This legal directive ensures a smooth and unambiguous process for birth registration.

The child’s birth certificate is issued directly with the names of the intended parents listed as the mother and father. The surrogate’s name does not appear on the official birth certificate, nor does she have any legal claim or responsibility for the child. This immediate and official recognition of the intended parents’ status avoids the need for any post-birth adoption procedures, which can be lengthy and complex in other jurisdictions.

Securing the Legal Rights of Intended Parents

For anyone considering international surrogacy, the primary concern is the security of their parental rights. The Iranian legal system is specifically structured to provide maximum protection and clarity for the intended parents, eliminating the legal ambiguities that plague surrogacy in many other parts of the world.

Unambiguous Parental Status from Birth

The pre-birth court order is the ultimate legal protection. By establishing parentage before the child is born, the legal rights of intended parents are solidified from the very moment of birth. There is no waiting period, no secondary legal process, and no room for dispute over who the legal parents are. This is a significant advantage compared to countries where intended parents must go through a complex adoption process after the birth to be recognized as the legal parents.

This proactive legal measure ensures that the intended parents are empowered to make medical decisions for their child immediately after birth and can proceed with obtaining travel documents without delay. It provides a seamless transition to legal parenthood.

The Surrogate’s Legal Obligations

The combination of the detailed contract and the court order creates a clear set of legal obligations for the surrogate. The law is explicit that her role is to carry the pregnancy and that she has no parental rights to the child. After the birth, she is legally required to hand the child over to the intended parents.

This framework legally prevents a situation where a surrogate might change her mind and attempt to claim custody of the child. The law views the child as belonging to the intended parents from conception, and the court order enforces this view. This legal finality provides intended parents with the crucial reassurance they need throughout the pregnancy and beyond.

Iran’s Legal Framework in a Global Context

When viewed against the backdrop of international surrogacy laws, Iran’s approach stands out for its clarity and pragmatism. Many countries have struggled to create effective legislation, resulting in a patchwork of confusing and often contradictory rules.

Comparing Iran with Other Surrogacy Destinations

• Europe: Most European countries, such as Germany, France, and Italy, have a complete ban on all forms of surrogacy.
• United Kingdom: Altruistic surrogacy is permitted, but contracts are unenforceable, creating legal uncertainty for intended parents.
• United States: Surrogacy laws vary dramatically from state to state. Some states are “surrogacy-friendly,” while others prohibit it, and the costs are typically the highest in the world.
• Other Asian Countries: Many destinations that were once popular, like Thailand and India, have since passed laws severely restricting or banning surrogacy for foreigners due to concerns about exploitation.

In contrast, Iran’s national legal framework for surrogacy is uniform, well-established, and explicitly welcoming to international couples (who meet the criteria). This provides a level of predictability and legal security that is increasingly rare in the world of international surrogacy.

Navigating International Laws for Your Return Home

While Iran provides a legally secure environment for the surrogacy process itself, intended parents must also plan for their return. It is essential to consult with an immigration or family law attorney in your home country before starting the journey. You need to understand the specific legal requirements for establishing your child’s citizenship and obtaining the necessary travel documents (like a passport).

The Iranian-issued birth certificate, which lists you as the parents, is the foundational document for this process. Your lawyer can guide you on any additional steps, such as DNA testing, that your country’s embassy or consulate may require to confirm the genetic link and finalize your child’s citizenship and passport application.

Frequently Asked Questions (FAQ)

Q1: What is the official government stance on surrogacy in Iran?

The official stance of the Iranian government is supportive and regulatory. The government recognizes surrogacy as a legitimate medical solution for infertility and has established a legal and healthcare infrastructure through the Ministry of Health to oversee and regulate clinics and procedures, ensuring they are conducted safely and ethically.

Q2: Can single individuals or same-sex couples pursue surrogacy in Iran?

No. At present, the surrogacy laws in Iran are clear that the procedure is only available to legally married heterosexual couples. Single individuals and same-sex couples are not eligible to participate in the surrogacy program in Iran.

Q3: Is commercial surrogacy allowed in Iran?

Yes, compensated surrogacy, often referred to as commercial surrogacy, is the standard model in Iran. The financial compensation provided to the surrogate is seen as a fee for her time, effort, and the physical demands of pregnancy. This compensation is fully legal and is regulated and detailed within the legally binding surrogacy contracts in Iran.

Q4: What happens if the intended parents divorce during the surrogate’s pregnancy?

This is a contingency that should be addressed in the initial surrogacy contract. Legally, the parental obligations of both intended parents remain, regardless of their marital status. The pre-birth court order establishes their parentage, and this responsibility would be upheld by the legal system.

Q5: How are surrogates screened and cared for in Iran?

Surrogates undergo a highly rigorous screening process that includes a complete physical health check-up, infectious disease screening, and a thorough psychological evaluation to ensure they are fully prepared for the emotional aspects of the journey. Throughout the pregnancy, they receive high-quality prenatal care from top specialists, and their well-being is closely monitored by the agency and medical team to ensure a healthy and safe experience.

Conclusion: A Legally Secure Path to Parenthood

To answer the core question: yes, surrogacy is absolutely legal in Iran. More than just being permitted, it is supported by a robust, multi-layered legal and religious framework that provides an exceptional degree of security and clarity. The system’s exclusive focus on gestational surrogacy, mandated through binding contracts and pre-birth court orders, ensures that the legal rights of intended parents are protected from the moment of conception to long after they have returned home with their child. This clear legal pathway removes the ambiguity and risk associated with many other destinations, establishing Iran as a uniquely safe, ethical, and reliable choice for married couples seeking to build their family through international surrogacy.