Surrogacy Insights
Albania is sometimes promoted online as an accessible and affordable surrogacy destination. However, surrogacy in Albania is not governed by a comprehensive or explicit legal framework. There is no dedicated surrogacy law that authorizes or regulates the practice, and as a result, surrogacy operates in a legal gray area rather than under a clear statutory system.
The legal provision most often referenced in discussions of surrogacy in Albania is Article 261 of the Albanian Family Code, which addresses medically assisted reproduction. While this article does not establish a comprehensive surrogacy framework, it has been interpreted by some practitioners as providing limited post-birth pathways for establishing parentage. Because no implementing regulations have been issued, the process is not uniform and can vary, particularly for international intended parents.
Albania is sometimes described online as a surrogacy-friendly destination, and while this characterization can be overstated, it reflects the fact that surrogacy arrangements do occur in practice. However, the absence of clear regulation means that legal protections and procedures are not standardized. For intended parents, this makes experienced local legal guidance especially important to ensure that parentage and documentation are properly addressed.
- There are no laws prohibiting surrogacy, and some practitioners have interpreted this to indicate that it is legal. (Read below for pending legislation introduced in 2024)
- Currently, there are no laws permitting surrogacy.
- Gay and single parents can participate in surrogacy.
- Compensated surrogacy occurs.
- One parent must be biologically related to the child.
- The surrogate’s name appears on the
- The initial birth certificate typically lists the surrogate mother and, where applicable, the genetic father. Intended parents usually must pursue additional legal steps to amend or replace this record.
- Intended Parents should seek legal advice from legal counsel in their home country as well as in Albania.
Future Legal Developments
Albania Drafts Surrogacy Legislation Amid Ethical Debate
In September 2024, Albania’s Ministry of Health unveiled a draft law aimed at legalizing surrogacy, opening the door for foreign citizens to seek surrogacy services in the country. The proposed legislation, currently under public consultation, grants women the explicit right to become surrogate mothers. However, this has sparked widespread debate, with critics warning of potential exploitation and ethical concerns.
As of December 2025, this draft legislation remains under public consultation and has not been passed by Parliament or enacted into force.
Surrogacy in Albania: A Controversial Step
Albania has regulated in vitro fertilization (IVF) for over two decades, primarily within private healthcare institutions. Despite the lack of legal provisions, some clinics have already facilitated surrogacy arrangements. The new draft law seeks to formally regulate this practice, which proponents argue is necessary to ensure oversight, protect rights, and prevent abuses.
“Surrogacy is necessary. Let’s not close our eyes and act like it’s not done here. Therefore, it should be regulated by law, and controlled by the state. Taxes should be imposed for this medical service and controlled. To protect human rights. The law avoids abuses,” said Prof. Dr. Afërdita Manaj, an obstetrician-gynecologist.
Concerns Over Incomplete Legislation
Medical professionals and critics, however, have voiced concerns about the draft’s lack of depth. The proposed bill does not address key issues such as the rights of the fetus, medical safeguards for surrogate mothers, or termination policies. Opponents are particularly alarmed by the inclusion of abortion rights up to the 14th week of pregnancy, which has ignited protests across the country.
“The bill simply states that a woman has the right to become a surrogate, but it does not go into detail about critical issues,” say critics, who emphasize the need for comprehensive frameworks to ensure ethical and safe surrogacy practices.
Ethical and Social Implications
The draft law’s provision allowing foreign citizens to access surrogacy services in Albania has raised concerns about the country becoming a hub for fertility tourism. Critics fear this could exploit vulnerable women, particularly those from disadvantaged backgrounds, under the guise of economic opportunity.
Meanwhile, opponents have taken to the streets, arguing that Albania is not culturally or ethically prepared for such a law. Demonstrators contend that the draft law prioritizes economic interests over moral considerations and risks commodifying women’s bodies.
Next Steps in the Debate
As the draft law undergoes public consultation, Albanian policymakers face mounting pressure to refine the legislation. Advocates emphasize the need for legal regulation to curb existing abuses, while opponents call for more robust ethical safeguards.
The debate underscores the complexity of balancing reproductive rights, economic interests, and cultural values in a rapidly evolving medical landscape. Whether Albania will become a regulated destination for surrogacy or face public resistance remains to be seen.
