Surrogacy Malaysia | ARTbaby Georgia
- Faced with rising infertility rates, Malaysia is considering new legislation to regulate assisted reproductive technologies.
- Around 15% of Malaysia's population experiences infertility.
- The Malaysian Science Council has stated that assisted reproductive technology is ethically unacceptable for unmarried couples.The country does not recognize same-sex marriage, adding complexity to the legal landscape.
Malaysia is poised to overhaul its surrogacy regulations, driven by rising infertility rates and the evolving landscape of assisted reproductive technologies.The proposed Assisted Reproduction Methods Act aims to provide clarity on surrogacy, sperm and egg banking, and sperm donation, addressing a significant need for an estimated 15% of the population struggling with fertility issues. This new law must navigate the complexities of both Sharia and civil laws, a critical consideration, especially as the country currently has no specific provisions for surrogacy. This regulatory update also faces ethical hurdles when it comes to unmarried couples and same-sex couples. The absence of specific laws has created a gap in regulations, wich could have a negative impact when it comes to transnational crime. News Directory 3 reported on the challenges of the current framework. Discover what’s next for couples and what is to come for surrogacy.
Malaysia Mulls Surrogacy Laws Amid Rising Infertility Rates
Updated June 07, 2025
Faced with rising infertility rates, Malaysia is considering new legislation to regulate assisted reproductive technologies. The proposed Assisted Reproduction Methods Act aims to address surrogacy, sperm and egg banking, and sperm donation.
Around 15% of Malaysia’s population experiences infertility. Globally, fertility rates are declining, with one UN report noting a drop in the U.S. from 3.6 children per couple in 1990 to 2.6.
The Malaysian Science Council has stated that assisted reproductive technology is ethically unacceptable for unmarried couples.The country does not recognize same-sex marriage, adding complexity to the legal landscape.
Any new ART law in Malaysia must navigate the dual legal system for Muslims and non-Muslims, where family law is governed by Sharia law for Muslims and civil law for non-Muslims.
Currently,surrogacy regulations in Malaysia involve a mix of general rules,private agreements,registration,and professional ethics. A notable gap exists, however, as no specific laws address the rights of surrogate mothers. This absence raises concerns about potential transnational crime implications.
Malaysia has not been involved in commercial or altruistic surrogacy. Neighboring Thailand banned commercial surrogacy for foreigners and same-sex couples in 2015, following a controversial case involving an Australian couple who abandoned a child with Down syndrome.
Experts recommend that the Malaysian government renew efforts to create comprehensive regulations and monitoring for reproductive treatments, including IVF and surrogacy, to clarify rights and responsibilities.
While surrogacy is believed to be growing in popularity in Malaysia, concrete data is lacking due to its private nature.The country currently lacks specific provisions for surrogacy.
What’s next
The Malaysian Parliament may soon debate the Assisted Reproduction Methods Act, possibly bringing clarity and regulation to the evolving landscape of surrogacy and assisted reproductive technologies in the country. The key will be balancing ethical considerations, legal complexities, and the needs of infertile couples.