Surrogacy is not clearly regulated in Swedish law. The legal procedure most equivalent to it is making an adoption of the child from the surrogate mother. However, the surrogate mother has the right to keep the child if she changes her mind before the adoption. The biological father may nevertheless claim the right to the child.

It is illegal for Swedish fertility clinics to make surrogate arrangements. As an alternative, Sweden sanctioned the world's first uterus transplant in an infertile woman. The woman was 36 years old.