Yes, Puerto Rico permits compensated gestational surrogacy under Act No. 181-2019, the Law on Gestational Surrogacy, but compliance hinges on strict judicial oversight. The territory legalized the practice in 2019, distinguishing it from traditional surrogacy by requiring genetic material from at least one intended parent. The Puerto Rico Department of Health registers surrogacy contracts, while the Superior Court of Puerto Rico validates agreements, ensuring enforceability. Recent 2026 amendments mandate psychological evaluations for all parties and criminalize coercion or exploitation, aligning with U.S. constitutional protections but introducing local enforcement mechanisms.
Key Regulations for Surrogacy in Puerto Rico
- Judicial Pre-Approval Required: Intended parents must obtain a court order declaring the surrogacy contract valid before embryo transfer, with the Superior Court reviewing terms for fairness and voluntariness.
- Compensation Caps and Transparency: Total compensation to the surrogate cannot exceed 150% of Puerto Rico’s median household income (adjusted annually), and all financial agreements must be disclosed in court filings.
- Health Department Oversight: The Puerto Rico Department of Health maintains a registry of surrogacy agreements, conducts background checks on intended parents, and imposes mandatory health insurance for surrogates covering pregnancy-related complications.