Who can become a surrogate mother in Armenia, and what rights does she have regarding the born child?
13-07-2026 16:00 Armenia Press of Diaspora
"The Law of the Republic of Armenia on 'Human Reproductive Health and Reproductive Rights' defines who can become a surrogate mother in Armenia, what conditions must be met, and what rights and obligations she has towards the child born. Below, Iravaban.net presents the main provisions in simple and understandable language.
Who is considered a surrogate mother
According to Article 2 of the law, a surrogate mother is a woman who, in accordance with the established procedure, carries a pregnancy for free or for monetary compensation and agrees, under a notarized written contract, to transfer the offspring to the intended parent(s). An important characteristic: the child born from the surrogate mother does not carry her genotype, meaning the surrogate mother is not the biological mother of the child.
What conditions must the surrogate mother meet
Article 15 of the law sets clear requirements. Women aged 20-38 have the right to be surrogate mothers if they:
have at least one child,
have given birth no more than three times previously,
have undergone cesarean section no more than once,
have undergone medical examination in accordance with the established procedure, and no medical contraindications have been identified.
A separate case is provided for relatives. A woman of reproductive age (having given birth at least once, starting from age 20) can carry a pregnancy using an embryo provided by relatives if she has undergone medical genetic testing and has no contraindications.
When can a woman not be a surrogate mother
According to the law, a woman cannot act as a surrogate mother if any of the medical contraindications established by the authorized body are present, or if she has already acted as a surrogate mother at least twice previously.
In addition, a married woman can only be a surrogate mother with her husband's consent, and a surrogate mother cannot simultaneously be an egg donor.
What obligations does the surrogate mother have during pregnancy
The law imposes several obligations on the surrogate mother. She is required to register for medical care early in the pregnancy (up to 12 weeks), to be under constant medical supervision, to strictly follow the doctor's advice, and to monitor her health. If the surrogate mother lives separately from the intended parents, she is obliged to inform them about the progress of the pregnancy.
What rights does the surrogate mother have regarding the child born
This is one of the most important questions on this topic. According to Article 15 of the law, the surrogate mother has no right to refuse to hand over the child born to the persons with whom she has signed a contract, namely the person or couple using reproductive assistance technologies.
Furthermore, from the moment of handing over the child, the surrogate mother has no rights and bears no obligations towards that child. In other words, legally, the child has no connection with the surrogate mother.
Does the surrogate mother receive monetary compensation
Yes, this is possible. According to the law, the surrogate mother can receive monetary compensation for carrying the pregnancy and giving birth, as stipulated in the contract signed in advance with the healthcare institution or the person or couple using reproductive assistance technologies.
Moreover, all expenses related to the course of the pregnancy, childbirth, as well as the elimination of complications confirmed by medical documents, are borne by the intended parents who have signed a contract with the surrogate mother.
How is the surrogate motherhood contract formalized
According to Articles 13 and 15 of the law, the relationships between the persons using reproductive assistance technologies and the surrogate mother are regulated by written contracts, which are subject to notarization.
The child is handed over to the intended parent if it is confirmed by DNA testing that the surrogate mother is not the biological parent of the child.
Frequently asked questions
– Can an unmarried woman become a surrogate mother?
– The law does not require being married to be a surrogate mother; however, if the woman is in a registered marriage, she can only be a surrogate mother with her husband's consent.
– How many times can a woman be a surrogate mother?
– According to the law, a woman cannot act as a surrogate mother if she has already been a surrogate mother at least twice previously.
– Can the surrogate mother change her mind and keep the child?
– No. The law explicitly states that the surrogate mother has no right to refuse to hand over the child born to the persons with whom she has signed a contract.
– Is the surrogate mother the biological mother of the child?
– No. According to the legal definition, the child born from the surrogate mother does not carry her genotype, meaning she is not the biological mother of the child.
– Can the surrogate mother simultaneously be an egg donor?
– No. The law explicitly prohibits the surrogate mother from simultaneously being an egg donor, informs Iravaban.net.
Notice: This material is prepared solely for legal awareness purposes and does not constitute legal advice. For legal advice regarding specific situations related to surrogate motherhood, reproductive rights, or related contracts, you can contact the "LEGAL ALLIANCE" law firm by calling +374 99 970704 or writing to info.legalliance@gmail.com.
* This text was automatically translated by Artificial Intelligence (AI).
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