Exploitation of surrogacy

In surrogacy, a child is carried for other people who want to become parents. In many countries, this process is legally permitted and regulated (e.g. USA, Portugal, Greece).  

‘Exploitation of surrogacy’, on the other hand, occurs when a person is coerced, deceived or exploited due to their vulnerable life situation into carrying a pregnancy for a third party. Vulnerable life situations are often exploited and money or other things are promised – but these promises or agreements are not kept. In most cases, the individuals involved do not know what will happen to them or the child, as they are deliberately misinformed and deceived.

EU Directive 2024/1712 recognises exploitative surrogacy as a form of exploitation in the context of human trafficking, which obliges EU member states to prosecute it. The directive must be transposed into national law in Germany by 2026 at the latest. Surrogacy is currently prohibited in Germany. The Embryo Protection Act and the Adoption Placement Act stipulate that professionals and intermediaries involved in the organisation and implementation of surrogacy are liable to prosecution. The prospective parents and the surrogate mother can be prosecuted if the welfare of the child is endangered.