No. Surrogacy is not legally recognized or regulated in Romania. The Civil Code (2011) prohibits commercial surrogacy, and Law 119/2010 on Assisted Human Reproduction explicitly bans surrogate motherhood agreements. Only altruistic surrogacy is theoretically permitted under strict judicial oversight, but no legal framework exists to enforce it.
Key Regulations for Surrogacy in Romania
- Civil Code (Art. 442-443): Explicitly prohibits surrogate motherhood contracts, classifying them as null and void. Commercial arrangements are criminalized under Art. 306 of the Penal Code.
- Law 119/2010 (Art. 4): Restricts assisted reproduction to heterosexual married couples, excluding single individuals and same-sex couples from accessing surrogacy.
- Judicial Scrutiny: Courts may authorize altruistic surrogacy in exceptional cases (e.g., medical necessity), but no administrative body oversees compliance. The National Authority for Transparency in Health (ANM) lacks jurisdiction over surrogacy agreements.
Recent compliance shifts (2026) reinforce enforcement: the Ministry of Health has proposed amendments to Law 119/2010, criminalizing both domestic and cross-border surrogacy arrangements. The Romanian College of Physicians has issued ethical guidelines banning fertility clinics from facilitating surrogacy, aligning with EU reproductive rights frameworks.