No. Surrogacy is prohibited in Saudi Arabia under Islamic jurisprudence and national health regulations, with no legal framework permitting commercial or altruistic arrangements. The Saudi Food and Drug Authority (SFDA) and the Ministry of Health (MOH) enforce strict prohibitions, citing ethical and religious concerns. Foreign surrogacy arrangements are unrecognized, and intended parents face legal risks, including child custody disputes and potential criminal liability under Article 36 of the Child Protection Law (2014).
Key Regulations for Surrogacy in Saudi Arabia
- Absolute Prohibition: The MOH’s 2016 Guidelines for Assisted Reproductive Technology (ART) explicitly bans surrogacy, classifying it as contrary to Islamic principles and public morals. Violations may result in license revocation for fertility clinics.
- Criminal Liability: Engaging in surrogacy contracts—whether domestic or international—can trigger penalties under the Penal Code for exploitation or fraud, particularly if involving foreign agencies.
- Child’s Legal Status: Any child born via surrogacy abroad is deemed illegitimate in Saudi courts unless proven through DNA testing to the biological father. The mother’s legal status remains unrecognized, complicating citizenship and inheritance rights.
Recent compliance shifts, such as the SFDA’s 2024 Ethical Standards for ART, reinforce these restrictions, mandating clinics report any surrogacy-related inquiries to authorities. International surrogacy arrangements are further complicated by the Law of Civil Status (2023), which requires genetic linkage for parental recognition.