A woman holding a toddler’s hand.

Surrogacy law is a complex issue that varies dramatically at the international level because of differing perspectives on reproduction. In many states, surrogacy laws in the United States provide a favorable framework for this approach to family building and effectively protect all of the parties involved. Here are five of the top laws on surrogacy that might exist in your country or state.

  1. Who Can Become a Surrogate

In the United States, surrogacy law is determined at a state — not federal — level. If a woman wants to become a surrogate, the qualifications she must meet are established by the laws of the state in which she resides, rather than those of the intended parents’ state. In states where surrogacy is legal, surrogates generally need to be at least 21 years old and/or have already given birth to a child. 

2. Who Can Engage the Services of a Surrogate

Laws on surrogacy around the U.S. have differing requirements for intended parents. Some states, like California and Colorado, validate surrogacy arrangements for all family types. Other states, like Alaska, only allow surrogacy for married heterosexual parents.

Many of the families that we work with at Family Creations travel from other countries and states to make the option of surrogacy possible. We regularly assist all kinds of parents to grow their families through surrogacy.

3. Whose Gametes Can Be Used for Conception

As a surrogacy and egg donation agency, we understand that using your own gametes for conceiving a child isn’t always possible. Using donor eggs is often preferable for older mothers who want the highest possible chances of success.

Surrogacy laws in the United States generally allow the use of donor sperm and/or donor eggs. However, surrogacy law in selected states only permits this kind of arrangement when the intended parents’ eggs and sperm are used.

4. How Parental Rights Are Determined

In some states, parental rights are designed to protect the interests of the surrogate — whether she is a traditional or gestational surrogate. In these cases, a court order is made after the birth of the child rather than beforehand.

At Family Creations, we only operate in states that recognize pre-birth legal contracts, as we believe this approach to surrogacy law best protects the interests of everyone involved. If you are coming from overseas, you will need to make sure that your home country recognizes children born through surrogacy before approaching us for matching with a surrogate.

5. Surrogacy Compensation

In the U.S., states that allow surrogacy generally allow suitable payment arrangements to be made for the surrogate. In some other countries, such as Canada, only “altruistic surrogacy” is recognized, but the surrogate may be reimbursed for reasonable pregnancy-related expenses.

At Family Creations, we offer paid compensation because we recognize the dedication and sacrifice of our surrogates. You can view our payment schedule here.

Understand Surrogacy Law with Family Creations
If you desire to become a surrogate or to grow your family through surrogacy, Family Creations simplifies the entire process to ensure a positive, seamless experience. Contact our friendly team if you have a question about surrogacy laws in the United States or would like to build your family through surrogacy.

by Julia McConnell on June 3, 2021