In Albania, there are no normative acts regulating surrogacy or surrogacy agencies. According to Article 261 of the Family Code of Albania, surrogacy is subject to the same rules as adoption. This means that surrogacy in Albania requires an adoption procedure. This, like in many other countries, requires the approval of the adoption commission and a court hearing. Albanian law on surrogacy means that obtaining full legal custody and travel documents for a child after birth may take longer.
The surrogacy contract is the only contract that defines the relationship between the surrogate mother and surrogate parent. However, it is not clear whether such a contract is binding and what happens if the surrogate changes her mind. Therefore, both parties must act in good faith. In addition, in the birth of a child through surrogacy, a civil birth certificate is issued in the name of the woman giving birth and the genetic father of the child, as there is no established way of obtaining a birth certificate.