Surrogacy is a type of medically assisted reproduction (MAP) and is a solution to help infertile couples that requires legislation and detailed legal discussions. To comparatively investigate the surrogacy rights in Iran and European countries in a review article.

This review article was conducted from April to August 2021 to comparatively investigate the rights of surrogacy in Iran and European countries. Studies published by researchers between 1970-2021 were searched for in PubMed, Science Direct, Google scholar, Magiran, SID, Iranmedex and other jurisprudential texts using the key words of “surrogacy, Iran, European countries, and infertility”.

This article analyzed the legal perspective and types of legislation in thirteen European countries, twelve in the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three out of it (Britain, Ukraine and Russia). Among Islamic countries, pregnancy and commercial surrogacy are carried out in Iran with the permission of Shia authorities, while no legal mechanism is passed in the civil law.

It is possible to support surrogate mothers when there are comprehensive laws approved by the legislators and jurists. Also, the conditions and effects of these agreements are clearly defined to guarantee women's dignity and destiny and children's rights and health after birth.