Yes, surrogacy in Peru operates under a restrictive framework, primarily governed by the Código Civil (Civil Code) and Supreme Court rulings, which prohibit commercial surrogacy while permitting altruistic arrangements under strict judicial oversight. The Superintendencia Nacional de Salud (SUSALUD) monitors compliance, but enforcement remains inconsistent due to ethical and legal ambiguities. Recent 2026 amendments to the Ley General de Salud aim to clarify parental rights but exclude foreign intended parents, reflecting Peru’s conservative stance.
Key Regulations for Surrogacy in Peru
- Altruistic-only model: Surrogacy contracts must exclude monetary compensation beyond “reasonable expenses,” per Código Civil Article 234. Commercial surrogacy is criminalized under Article 307-A of the Penal Code, punishable by 2–5 years imprisonment.
- Judicial pre-approval: All surrogacy agreements require prior court authorization from the Juzgado de Familia, which evaluates the surrogate’s informed consent and the intended parents’ eligibility. Post-birth judicial validation is mandatory to transfer parental rights.
- Exclusion of foreign intended parents: Peruvian courts consistently deny surrogacy petitions from non-resident couples, citing constitutional protections of national sovereignty in reproductive matters. Exceptions are rare and subject to diplomatic reciprocity clauses.