代孕在马来西亚的法律现状 | 法律框架、风险与实务分析

What is surrogacy?

Surrogacy is an arrangement in which a woman carries and gives birth to a child for another person or couple, subsequently handing the child over to the intended parents to raise.

There are two main types of surrogacy:

Traditional surrogacy: The surrogate mother uses her own egg, meaning she shares a biological link with the child.

Gestational surrogacy: An embryo is implanted via in vitro fertilization (IVF) technology; the surrogate mother has no biological link to the child.

Legal status in Malaysia

Under current laws, Malaysia does not have a specific legal framework to regulate or recognize surrogacy.

It currently relies only on:

The Ministry of Health’s *Guidelines on ART Practice* (a guidance document)

The Malaysian Medical Council (MMC) Code of Ethics

This means that surrogacy in Malaysia is neither explicitly legalized nor explicitly criminalized. Intended parents find themselves in a legal gray area where they lack formal legal recognition.

Are surrogacy agreements valid?

Under the principles of the *Contracts Act 1950*, a contract may be deemed void if its terms violate public policy (such as the exchange of money for a child).

Furthermore, under current legal principles, legal motherhood is generally determined by who gives birth to the child. The surrogate mother is legally recognized as the child’s mother. If the surrogate mother is married, her husband may even be presumed to be the child’s father.

If the surrogate mother changes her mind and refuses to hand over the child, the intended parents face significant difficulties in seeking legal recourse.

Medical and Legal Restrictions

In Malaysia, regulations prohibit doctors and medical institutions from providing surrogacy services; violators may face disciplinary action or even jeopardize their professional licenses.

Even if parties attempt to circumvent the law—such as by registering the child directly as their own—this practice involves falsifying birth records, constitutes a criminal offense, and carries significant risk.

Adoption often remains the only viable path. However, adoption requires the surrogate mother to voluntarily relinquish the child, and the process must not involve any form of monetary compensation.

Summary

There is no comprehensive legal framework governing surrogacy in Malaysia, and intended parents often face uncertainty and risk.

If you are considering surrogacy, it is advisable to consult a qualified lawyer to understand the legal risks and viable options specific to your situation.

⚠️ Disclaimer: This content provides general information on Malaysian law for educational purposes only and does not constitute specific legal advice. Individual circumstances vary; please consult a qualified lawyer if necessary.