Is Surrogacy Legal in Sweden After the 2026 Law Changes?

No. Surrogacy is prohibited in Sweden under the Assisted Reproduction Act (1984:1140), which criminalizes commercial surrogacy and voids surrogacy contracts. Only altruistic surrogacy is theoretically possible, but Swedish courts refuse to recognize foreign surrogacy arrangements, leaving intended parents without legal parental rights. The Socialstyrelsen (National Board of Health and Welfare) enforces these restrictions, and recent 2026 amendments tighten oversight of cross-border surrogacy to prevent circumvention.

Key Regulations for Surrogacy in Sweden

  • Criminalization of Commercial Surrogacy: The Assisted Reproduction Act imposes fines or imprisonment for brokering or facilitating commercial surrogacy arrangements.
  • Void Contracts: Any surrogacy agreement, domestic or foreign, is legally unenforceable, stripping intended parents of enforceable rights to the child.
  • Parental Rights Denial: Swedish courts consistently reject foreign surrogacy decrees, forcing intended parents to adopt the child—a process fraught with legal and bureaucratic hurdles.