No. Poland prohibits commercial surrogacy under the Family Code (Art. 8a), criminalizing it as exploitation (Penal Code Art. 211). Only altruistic arrangements are tolerated, but enforcement remains inconsistent, with courts often annulling parental orders. The 2026 draft law proposes stricter penalties, including fines up to PLN 1 million for intermediaries.
Key Regulations for Surrogacy in Poland
- Family Code (Art. 8a): Explicitly bans commercial surrogacy contracts, classifying them as null and void.
- Penal Code (Art. 211): Criminalizes exploitation via surrogacy, punishable by up to 3 years’ imprisonment.
- Court Rulings: Polish courts routinely reject parental rights transfers post-birth, even for altruistic cases, citing public policy violations.
Enforcement varies by jurisdiction, with Warsaw courts adopting stricter interpretations than rural districts. The 2026 amendments aim to centralize oversight under the Ministry of Health, requiring mandatory pre-conception judicial approval for altruistic surrogacy—a first in Polish law. International surrogacy arrangements face additional scrutiny, with consular offices refusing to register foreign birth certificates citing domestic prohibitions.