No. Surrogacy is prohibited in Switzerland under the Federal Act on Medically Assisted Reproduction (FMedG), with penalties including fines and imprisonment. The 2026 revision of the FMedG maintains this ban, aligning with constitutional protections of the child’s best interests and the prohibition of commercial surrogacy. Only altruistic arrangements are theoretically possible but remain unenforceable in practice.
Key Regulations for Surrogacy in Switzerland
- Absolute Ban on Commercial Surrogacy: Article 4 of the FMedG criminalizes payments to surrogates or intermediaries, with fines up to CHF 100,000 and imprisonment for up to three years. The 2026 amendments reinforce this stance, closing loopholes in cross-border arrangements.
- Altruistic Surrogacy Unenforceable: While the FMedG does not explicitly criminalize altruistic surrogacy, Swiss courts refuse to recognize the intended parents’ legal parentage. The Federal Office of Justice (FOJ) requires genetic ties to the intended mother for birth registration, effectively nullifying altruistic surrogacy.
- Criminalization of Facilitation: Article 29 of the FMedG prohibits advertising or brokering surrogacy services, including online platforms. The FOJ actively monitors foreign agencies targeting Swiss residents, with recent 2025 enforcement actions leading to website blocks and criminal referrals.
The Swiss model prioritizes the child’s welfare over reproductive autonomy, reflecting broader European trends in restrictive surrogacy legislation.