No. Surrogacy remains illegal in South Korea under the 2006 Bioethics and Biosafety Act, which prohibits commercial surrogacy and criminalizes both surrogates and intermediaries. The law permits only altruistic surrogacy for married couples, with stringent eligibility criteria enforced by the Ministry of Health and Welfare. Recent 2026 amendments aim to tighten enforcement, including mandatory genetic testing for intended parents and penalties for violations.
Key Regulations for Surrogacy in South Korea
- Prohibition of Commercial Surrogacy: The 2006 Act explicitly bans paid surrogacy, classifying it as a criminal offense under Article 15-2, punishable by up to 10 years imprisonment or fines exceeding ₩100 million.
- Altruistic Surrogacy for Married Couples: Only uncompensated surrogacy is permitted, restricted to heterosexual married couples where the surrogate is a close relative (e.g., sister or cousin) of the intended mother, as verified by local family registries.
- Ministry of Health and Welfare Oversight: The 2026 amendments grant the Ministry expanded powers to audit fertility clinics, mandate pre-surrogacy counseling, and require DNA paternity tests post-birth to prevent fraudulent claims.