Answer given by Mr Reynders on behalf of the European Commission

5.11.2021

The practices referred to by the Honourable Members in the written question are not regulated by EC law. However, the Commission closely follows the developments concerning international surrogacy and its impact on the rights of the child and rights of parents, as well as women’s rights.

The Treaty on European Union and the Treaty on the Functioning of the European Union do not give the EU powers to adopt legislation on harmonisation of national laws on methods of human reproduction, including with the help of surrogate mothers. In this respect, the EU may only regulate quality and safety aspects regarding tissues and cells[1]. It is for the Member States to regulate this matter in the light of their social and cultural traditions and to ensure that fundamental rights are effectively respected and protected in accordance with their national legislation and international human rights obligations.

• [1] Article 168(4)(a) of the Treaty on the Functioning of the European Union.