No. Surrogacy in Costa Rica is criminalized under the Law for the Protection of Life from Conception (Law 9404, 2018), which equates the surrogate mother’s biological contribution to the child with the commission of a crime. Commercial surrogacy is explicitly banned, and even altruistic arrangements face legal ambiguity, as courts often invalidate parental rights transfers. The Supreme Electoral Tribunal and Family Courts strictly enforce these prohibitions, leaving intended parents with no legal recourse to establish custody.
Key Regulations for Surrogacy in Costa Rica
- Absolute Ban on Commercial Surrogacy: Article 10 of Law 9404 imposes penalties of up to 3 years’ imprisonment for intermediaries and up to 1 year for participants, including intended parents. No compensation beyond reasonable expenses is permitted.
- Altruistic Surrogacy Ambiguity: While the law does not explicitly criminalize altruistic surrogacy, Family Courts consistently deny post-birth parental orders, citing the child’s “right to identity” under the Code of Children and Adolescents (Law 7739).
- 2026 Compliance Shifts: The Judicial Branch has signaled stricter enforcement, including mandatory DNA testing for all newborns in disputed cases, aligning with the 2024 Protocol on Assisted Reproduction to deter circumvention of the ban.
Foreign intended parents attempting surrogacy face deportation risks, as the General Directorate of Migration denies residency visas for children born via surrogacy. The Costa Rican Social Security Fund (CCSS) also refuses to register such births, creating a de facto prohibition.