Surrogacy around the world

Altruistic: Surrogate is unpaid, though any expenses incurred may be reimbursed.

Commercial: Surrogate is paid – can be organised via agency or through individuals.

Unenforceable: An unenforceable contract or transaction is one that is valid but one the court will not enforce. E.g. courts will not force surrogate to transfer guardianship should a change of heart occur – even if a (unenforceable) contract has been signed.

Void: An action, document, or transaction which is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. All void contracts are unenforceable.

Voidable: Voidable contracts are enforceable at the time of formation. However, they can be voided at a later point in time by one or both parties if certain conditions are satisfied, or defects take place. Therefore, these contracts can be enforced in the court up until such time as they are made void.