Surrogacy Insights

• Surrogacy has been legal since 2002. Law on Human Reproductive Health and Reproductive Rights. (Law No. ZR-474, 11 December 2002).
• Legally married heterosexual couples or single women who can provide their own eggs.
• The intended mother must be 55 years or younger.
• The surrogate must be between the ages of 18 – 39 years, have given birth previously, and can only participate in 2 surrogacy journeys.
• The Intended Parents must visit Armenia to start the process. It cannot be initiated from abroad.
• Compensated surrogacy is permitted.
• Sperm or egg donation cannot be anonymous.
• The surrogacy or donor contracts must be signed in person before a notary.
• The surrogate cannot have a biological connection to the child she carries, and at birth, a DNA test must prove she is not related to the child.
• The government of Armenia has a program that pays for surrogacy services for those families who lost sons during the war.
• The intended parent’s name will appear on the birth certificate.
• Genetic testing to determine the sex of the child is prohibited unless there is a risk of inheriting genetic problems.

Gay Marriage

In Armenia, same-sex marriage is not legally recognized, as the country’s constitution defines marriage as a union between a man and a woman.   This prohibition on same-sex marriage reflects Armenia’s generally conservative stance on LGBTQ+ issues.

Although homosexuality was decriminalized in 2003, LGBTQ+ individuals continue to face significant social stigma and discrimination.   There are no comprehensive legal protections in place to prevent discrimination based on sexual orientation or gender identity in areas like employment or public services.  While some LGBTQ+ advocacy groups work within the country, the broader legal and social environment remains challenging for the advancement of LGBTQ+ rights.

The legalization of gay marriage is often a significant step toward broader LGBTQ+ rights, including the right to become parents.  Once same-sex marriage is recognized, many countries follow with legal reforms that allow gay couples to adopt or have children through surrogacy. This reflects a shift toward equal recognition of family rights, ensuring that same-sex couples have the same opportunities to build families as heterosexual couples.  Legalizing gay marriage often sets the foundation for these expanded parental rights, promoting inclusivity and equality.