If you are considering surrogacy from either the viewpoint of becoming a surrogate or starting your family through the gift of surrogacy, then you probably have a lot of questions. One of the main factors that you may be questioning could be about surrogacy laws in the USA. So, if you have ever wondered if surrogacy is legal in the United States, then this article is meant for you.
Surrogacy is not regulated by any federal laws in the United States. Instead, these laws differ from state to state. Some states are surrogate-friendly, others have limitations, and others are still working out the semantics behind their laws. There are some standout laws, though, that make surrogacy a lot easier for everyone.
Types of Surrogacy
Before we look at some of the laws, it is important to understand the different types of surrogacy. There are two types of surrogacy, and both are covered in these surrogacy laws in the USA.
Gestational surrogacy
Gestational surrogacy is the more common type. It is a straightforward way to give the gift of parenthood to the baby’s legal parents. The surrogate carries the baby to term for the intended parents. There’s no biological connection, as it is the intended parent’s eggs and sperm that are used to create the embryo.
Traditional surrogacy
Traditional surrogacy is less common but involves the surrogate having a biological connection to the baby. When the baby is born, the intended parents become the legal parents.
Standout Surrogacy Laws
If you are still pondering the question, “Is surrogacy legal in the United States?”, you need to know that any surrogacy contract will be a legal document, and in most states, it would stand up in court. Most of these standout surrogacy laws in the USA should be covered in your contract.
Parental rights
Parental rights and responsibilities are probably the most important points to consider in any surrogacy contract. It should outline at which point the intended parents become the legal parents and who is responsible for medical care during the pregnancy, medical decisions before and after the birth, and financial support.
While the laws in each state differ, they are all in place to ensure that the legal parentage is always very clear. And they are always about the best interests of the child.
Pre-birth parentage orders
Some states, like California, allow for pre-birth parentage orders. These surrogacy laws in the USA ensure that there is no question about the legal parents. This would be concluded before the child is born, and in some states, the intended parents can immediately be named on the birth certificate.
In some of these surrogacy-friendly states, this holds true regardless of your marital status, sexual orientation, or whether the surrogacy was gestational or traditional. These types of standout laws give a straight answer to the question, “Is surrogacy legal in the United States?”
Compensation
Some states allow surrogates to be compensated for their kindness. Other states allow compensation for the time and energy that goes into surrogacy. The surrogacy laws in the USA truly do differ between states, as some states have specific laws regarding compensated or altruistic surrogacy. California is definitely ahead of its time, as it recognizes that compensation for time, energy, and medical costs should be covered, while states like Louisiana are not yet on the friendly boat.
In 2021, New York added their Child-Parent Security Act. This standout law includes the “Surrogate’s Bill of Rights” to protect surrogates and their health and ensure they have legal counsel and compensation.
Relationships and Orientations
Not all states are equal, and this is evident when it comes to surrogacy requirements regarding your marital status and sexual orientation. For instance, some states may limit surrogacy to married or heterosexual couples. Other states do not differentiate, regardless of whether you are a single person or an LGBTQ+ couple.
When it comes to surrogacy laws in the USA, inclusive states like California and New York have progressive laws that protect everyone involved. Louisiana, on the other hand, is quite restrictive in many ways, while Florida has only a few restrictions. So, if surrogacy is legal in the United States, why don’t these states change their laws? Well, change is on the cards for a lot of states, and the progressive states are definitely opening the way.
The Genetic Connection
In some states, like Illinois, one of the surrogacy laws is that at least one of the intended parents needs to be genetically connected to the child to get a pre-birth order. In some surrogacy situations, this is possible. However, these surrogacy laws in the USA may offer alternatives for intended parents who are using both an egg donor and a sperm donor. Some states require the intended parents to adopt the baby at birth.
Jurisdiction
The state where the contract is signed and where the surrogate and intended parents live are important factors. For instance, if the surrogate is in a progressive state, but your state has limitations, where the contract was signed and where the baby was born could be affected. It could mean that you may travel between states or even move to a surrogacy-friendly state temporarily.
The Best Interest of the Child
While we touched on this earlier, an important point to note about surrogacy laws in the USA is that courts will always look at the best interests of the child. In its own right, it is a standout law because if something is in the best interest of the child, the court has the right to overrule a contract. This is an important point for anyone who wonders if surrogacy is legal in the United States.
Making Everything Legal
When you join Family Creations, you will have access to lawyers to put contracts in place to ensure that everyone is protected and knows their rights and responsibilities. Bringing a baby into the world and being able to gift someone else with parenthood is a beautiful, kind, and compassionate act, and it can forever change the course of someone’s life, but it still needs to be done legally.
Family Creations
Surrogacy laws in the USA may differ between states, but with the network of trusted lawyers and doctors that we work with at Family Creations, everything runs smoothly. With a professional team at the agency to guide and support you through every step of this incredible journey, you can rest assured that the next few months of your surrogacy journey are going to be amazing.
