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This analysis sets out the legal situation in the EU regarding surrogacy. A distinction can be drawn between traditional and gestational surrogacy, depending on the genetic connection of the surrogate to the child. A further distinction is made between altruistic and commercial surrogacy, depending on whether the surrogate receives remuneration. Among the Member States, Ireland, Greece, Cyprus and Portugal have introduced legislation permitting altruistic surrogacy, but for some of these the legislation has not yet entered into force or further regulations are still missing. The approaches taken by these Member States as to the conditions applying to the surrogate and the intended parents can be quite different. Many other Member States have banned surrogacy. Some of these bans explicitly prohibit the procedure, whereas others have regulated assisted reproduction in such a way that surrogacy is implicitly prohibited. Since 2014, the European Court of Human Rights has issued many judgments concerning surrogacy, especially concerning parenthood established abroad. This case law requires that, if the parenthood resulting from surrogacy established abroad is not recognised, the state has to provide for a means to regularise the 'limping' legal relationship. In 2022, the European Commission made a proposal for regulation on private international law rules relating to parenthood, which would also apply to surrogacy established in a Member State. Discussions in the Council are still ongoing as to how this issue should be dealt with. The 2024 directive on preventing and combating trafficking in human beings and protecting its victims explicitly identified, for the first time, the exploitation of surrogacy as a form of human trafficking.