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Biotechnology Act · Children Act
Updated June 2026

🤰 Am I allowed to use surrogacy in Norway?

No
Quick answer

No — surrogacy is banned in Norway, both the commercial and the altruistic form. Under the Biotechnology Act §2-15 a fertilised egg may only be implanted in the woman who is to be the child's mother, and under the Children Act §2 the woman who gives birth is always the legal mother. A surrogacy agreement is not binding. If you use surrogacy abroad, it is not punished, but the intended mother does not automatically get motherhood — she usually must adopt as a stepparent to become a legal parent. A genetic father can establish fatherhood.

📋 The rules

  • Surrogacy is banned in Norway
  • Covers both commercial and altruistic surrogacy
  • The woman who gives birth is always the mother (Children Act §2)
  • A surrogacy agreement is not binding
  • Surrogacy abroad is not punished

🔓 Exceptions

  • Surrogacy abroad is not prosecuted for the intended parents
  • Stepparent adoption can give the intended mother motherhood after birth
  • A genetic father can establish legal fatherhood

⚠️ Penalties & fines

Performing surrogacy in Norway breaches the Biotechnology Act, which has penal provisions with fines or prison for clinics and practitioners. Intended parents using surrogacy abroad are currently not punished.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I use surrogacy in Norway?

No. Surrogacy is banned in Norway, both the commercial and the altruistic form.

Who counts as the child's mother?

The woman who gives birth is always the legal mother under the Children Act, and a surrogacy agreement is not binding.

Can I use surrogacy abroad?

It is not punished, but the intended mother does not automatically get motherhood and usually must adopt as a stepparent.

Can the father become a legal parent?

Yes, a genetic father can establish legal fatherhood. The intended mother usually must adopt.

What is the penalty for surrogacy in Norway?

Performing surrogacy in Norway breaches the Biotechnology Act, with fines or prison for clinics and practitioners.

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