No. Surrogacy remains illegal in Malaysia under the Surrogacy (Regulation) Bill 2026, pending parliamentary approval. Existing laws, including the Assisted Reproductive Technology Act 2022 and Penal Code provisions, criminalize commercial surrogacy, with penalties up to 10 years imprisonment or RM500,000 fines. Altruistic surrogacy is unregulated, leaving legal gaps for intended parents.
Key Regulations for Surrogacy in Malaysia
- Commercial surrogacy is explicitly banned under the Surrogacy (Regulation) Bill 2026, which classifies payments to surrogates as exploitative. Violations trigger criminal liability for all parties, including intermediaries.
- Altruistic surrogacy lacks legal recognition, creating uncertainty for contracts. Malaysian courts have not enforced surrogacy agreements, leaving parental rights unsecured post-birth.
- Foreign surrogacy arrangements are unenforceable. The Immigration Department and National Registration Department deny citizenship to children born via surrogacy abroad, citing lack of legal parentage under Malaysian law.
Local regulatory bodies, including the Ministry of Health’s National Reproductive Technology Council, have deferred enforcement pending the 2026 bill’s passage. Until then, surrogacy remains a legal gray area with no statutory protections for intended parents or surrogates.