Surrogacy in Albania: Navigating the Legal Gray Zone
As of May 2025, surrogacy in Albania remains a possibility, but not without significant legal complexity. With no formal laws explicitly allowing or prohibiting surrogacy, the country finds itself in a legal gray area. For intended parents, this means that while surrogacy arrangements may occur in practice, they lack the legal protections and formal enforceability found in more regulated countries.
What Is the Current Legal Status?
Surrogacy in Albania is not illegal, but it is also not clearly defined or regulated under national law. There are:
No official guidelines on surrogacy agreements
No enforceable rights or protections for intended parents or surrogates
No formal recognition of surrogacy contracts in Albanian courts
This lack of legislation introduces substantial legal risk, particularly when it comes to parental recognition, citizenship, and cross-border travel with the child after birth.
Draft Legislation on the Horizon
In September 2024, Albania’s Ministry of Health introduced a draft law aimed at regulating surrogacy. This proposed legislation seeks to:
Create a legal framework for surrogacy contracts
Define the roles, rights, and responsibilities of intended parents and surrogate mothers
Establish procedures for parental recognition and dispute resolution
However, as of this writing, the law remains under public consultation and has not yet been passed or implemented. There is no clear timeline for its enactment, leaving current and prospective surrogacy arrangements in legal limbo.
What Intended Parents Need to Know
If you are considering surrogacy in Albania, here are key recommendations to mitigate risk:
1. Engage Albanian Legal Experts
Work with a licensed attorney who specializes in Albanian reproductive and family law. They can guide you through:
Surrogacy contracts (even if not formally enforceable)
Hospital documentation
Civil registry and birth certificate procedures
2. Consult Legal Counsel in Your Home Country
Ensure the surrogacy arrangement complies with laws in your country of residence. A qualified legal expert can help:
Confirm parental recognition procedures
Secure citizenship and travel documents
Prepare for the possibility of changing laws in Albania mid-process
3. Plan for Legal Shifts
Since Albania’s surrogacy law could evolve during a pregnancy, it is crucial to develop a Plan B with your legal team. This should cover how to:
Respond if surrogacy is suddenly restricted or reclassified
Secure legal parentage through your home country’s courts
Bring the child home safely and legally
A Note on Cost and Inclusivity
Albania is often cited as an affordable and potentially inclusive option for international surrogacy. However, what it currently offers in affordability, it lacks in legal clarity. Intended parents must weigh the short-term savings against the potential long-term legal costs and emotional strain that can result from an unclear legal process.
Looking Ahead
Albania’s proposed legislation is a promising step in the right direction. A well-crafted law could:
Protect all parties involved
Establish clear guidelines and legal parentage
Offer Albania a responsible role in the growing field of international fertility care
Until then, however, intended parents should approach surrogacy in Albania with extreme caution, robust legal support, and a fully developed contingency plan.
