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.

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.