No. Surrogacy in Hungary is prohibited under the Civil Code (Act V of 2013), which explicitly bans commercial and altruistic surrogacy arrangements. The Hungarian Constitutional Court has upheld this stance, citing protection of family integrity and child welfare. Since 2021, the National Authority for Data Protection and Freedom of Information (NAIH) enforces strict penalties, including fines up to HUF 10 million (≈€25,000) for violations. International surrogacy is also restricted, with courts refusing to recognize foreign surrogacy agreements under Hungarian law.
Key Regulations for Surrogacy in Hungary
- Absolute Ban: Act V of 2013, §675(1) criminalizes surrogacy contracts, voiding all terms regardless of compensation. Violations may lead to criminal liability under §175 of the Criminal Code.
- Parentage Enforcement: Courts automatically assign parental rights to the intended mother, bypassing surrogacy agreements. Genetic testing may be required to confirm biological ties.
- Adoption Restrictions: Intended parents cannot circumvent the ban via adoption, as the Family Code (Act CXCVI of 2011) prioritizes the surrogate’s maternal rights unless proven unfit.