Under the new Civil Code, surrogacy agreement can be concluded between a woman who will carry and give birth to a child (the surrogate mother) and spouses or cohabitants (the intended parents) only if the latter cannot get pregnant either the natural way or with the help of other types of assisted conception. It is also possible if natural conception is not advisable because of a serious risk of passing hereditary disease on to the child. If the surrogate mother is married, the contract will require the consent of her spouse. The contracting parties may only be Serbian citizens although it has been proposed that persons who have been residents of the Republic of Serbia for at least three years are also included. The surrogacy agreement must be certified by a judge. They will refuse to do so, however, if the agreed-upon compensation is disproportionate to the surrogate mother’s actual costs.