US Surrogacy Laws
12/13/2022 @
Sharova Law Firm
The US does not regulate surrogacy laws. Therefore, each state takes its own position regarding gestational surrogacy laws, which largely govern the legal surrogacy process for both intended parents and surrogate mothers.
Some states prohibit surrogacy within their state, and some have no surrogacy laws at all.
Others relatively allow surrogacy and offer support only to married heterosexual couples.
A number of states allow surrogacy only in the absence of financial compensation.
Some states completely prohibit any compensation for surrogate mothers, while other states set a limit on the amount of money that can be allocated to reimburse a surrogate mother for her pregnancy-related expenses. Failure to comply with the appropriate state restrictions on surrogacy compensation can result in criminal prosecution.
And there are also several states that ban traditional surrogacy while allowing gestational.
The difference between traditional and gestational surrogate pregnancy lies in the lack of a genetic link between the child and the surrogate mother.
Traditional surrogacy - the surrogate mother and father of the child are the genetic parents of the child.
Gestational surrogacy - a surrogate mother carries and gives birth to a child that is genetically alien to her.
Gestational surrogacy is supported and recognized in 47 US states. This means that genetic parents who have used the services of a surrogate mother can enter into a legally recognized surrogacy agreement that will make them the child's legal parents and allow them to be recorded on the child’s birth certificate.
One of the main terms of an eligible agreement is that the surrogate mother must reside in a state where commercial surrogacy is legal. If surrogacy maternity is contrary to state law, then the court has the right to invalidate the agreement.
In states with surrogacy laws, commercial or altruistic surrogacy agreements can be entered into and procedures for recognizing agreementing or intentional parents as the child's legal parents are simplified.
Surrogacy-friendly States
These states issue orders before a child is born, regardless of the intended parents' marital status, sexual orientation, or genetic relationship to the child. These states also allow compensated and non-compensated surrogacy agreements.
- California
- Connecticut
- Delaware
- Columbia area
- Maine
- New Hampshire
- Nevada
- Oregon
- Rhode Island
- Washington
States that do not recognize gestational surrogacy and consider surrogacy agreements illegal:
- Nebraska
Traditional surrogacy is technically legal in Nebraska because it is not expressly prohibited by law. However, all surrogacy agreements (including traditional surrogacy agreements) are considered void and unenforceable.
- Michigan
Michigan laws prohibit compensated surrogacy, in which a woman is paid to carry a child and all surrogacy agreements are null and void. Despite these limitations, uncompensated or altruistic surrogacy is legal.
- Louisiana
Commercial surrogacy is prohibited in Louisiana. Surrogacy is only available to married heterosexual intended parents who use altruistic surrogacy with a local Louisiana surrogate.
In these states, pre-birth orders cannot be obtained, and traditional surrogacy is not accepted or legally enforceable. Compensated surrogacy agreements are against state law and may result in fines or criminal penalties.
People living in a state where surrogacy is not allowed can take advantage of the policies of states where surrogacy is allowed by hiring a surrogate mother who resides and will give birth to the child in that state.
Surrogacy—friendly states, where there are no laws prohibiting surrogacy:
- Alabama
- Alaska
- Arkansas
- Colorado
- Florida
- Georgia
- Hawaii
- Illinois
- Iowa
- Kansas
- Kentucky
- Massachusetts
- Maryland
- Minnesota
- Missouri
- Mississippi
- Montana
- New York
- North Carolina
- North Dakota
- New Mexico
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- North Dakota
- Texas
- Utah
- Wisconsin
- West Virginia
You can read more about surrogacy in New York in the Sharova Law Firm article.
States where you may face legal problems in the process of surrogacy:
- Arizona
- Idaho
- Indiana
- Tennessee
- Virginia
- Virginia
Surrogacy law in these states is unclear, so surrogacy agreements vary widely.
Surrogacy for LGBT people in the USA
The United States supports commercial surrogacy for same-sex couples.
Although the process of surrogacy is generally no different for LGBT people, there are some peculiarities.
Unlike direct surrogacy, in which genetic material from both parents is often used to create an embryo, same-sex intended parents must decide which sperm or egg will be used.
Some intended fathers fertilize multiple eggs for implantation using the sperm of both partners, allowing one or both of them to be the biological father of the child.
Some intended fathers fertilize multiple eggs for implantation using the sperm of both partners, allowing one or both of them to be the biological father of the child.
Depending on the state, this can be done through:
- birth order
- full adoption
- adoption by stepfather or second parent
Legal assistance in the process of surrogacy maternity.
In order for intended parents to navigate the legal issues of the entire surrogacy process, they need to work closely with an experienced attorney who is familiar with state surrogacy laws.
He will explain the legal rights and obligations of all surrogacy parties, and will help to draw up an agreement, taking into account the requirements and interests of potential parents and a surrogacy.
Contact your local surrogacy specialist to better understand your state's surrogacy laws.
65 years of combined legal experience!
- We advise on all issues of surrogacy contract;
- Assist with obtaining the necessary legal documents;
- Draw up a surrogacy agreement;
- Help to register a child after his birth;
- Provide legal assistance in obtaining compensation in case of violation of the surrogacy contract;
- We provide legal support throughout the entire process of surrogacy maternity.
Each case handled by Sharova Law Firm is unique. We work with married couples, same-sex partners and single people who want to have a baby and we guarantee all our clients an individual approach, well-coordinated work for results and confidentiality.
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Contact us for a free consultation at any time convenient for you.
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