Surrogacy applies to couples with normal eggs and sperm but the woman has a non functional uterus or is unfit to gestate for medical reasons.

Fertilization occurs in the embryology laboratory. The gestation of a couple's embryo by a third woman is allowed by judicial permission according to article 1458 of N.3089/02, provided that there is a documented and unselfish agreement between the couple and the surrogate mother (and her husband if the latter is married).