Surrogacy in the United States

Surrogacy births have started in the United States, ever since it has been declared legal. Legal issues related to surrogacy fall under the state jurisdiction in the United States. Hence, the legal compliances associated with surrogacy vary in different states. Some states have written enacted surrogacy laws, while others follow common law regimes concerned with surrogacy. Some states have made surrogacy and surrogacy contracts easier, whereas, some others refuse to implement them. Some states even penalize commercial surrogacy.States, which are surrogacy friendly, tend to impose both commercial and altruistic surrogacy contracts. They also offer easy and straightforward ways to the intended parents to be recognized as the newborn’s legal parents. A few comparatively surrogacy friendly states provide support for heterosexual couples, in case they are married or unmarried and single parents. Usually, only gestational surrogacy gets legal validation, and traditional surrogacy has minimum legal authentication in the country.

The surrogacy friendly states of the USA include:

  • California
  • Illinois
  • Arkansas
  • Maryland
  • New Hampshire

The three key factors of legal authentication of surrogacy in the US are:

  1. Place of contract completion
  2. Surrogate’s residency
  3. Place of the child’s birth

People, living in non-friendly states can get benefits of the surrogacy friendly policies of a few states if they choose to work with surrogate living there and if the child is delivered in a friendly state.

The country has legalized international surrogacy for prospective parents. Illinois, in the United States, is the only state that has liberal surrogacy laws in real terms. The Illinois Gestational Surrogacy Act of the country provides flexibility in the surrogacy laws of the country. It announces that the intended parents seeking surrogacy in the United States in Illinois do not need to be residents of the country, and a birth certificate will be handed over to the parents with their names on it, avoiding any complicated court compliances. Surrogacy Laws prevailing in other states of America do not provide a similar protection. Surrogacy in any other states, apart from Illinois, requires court settlement.

The legal norms of the country related to surrogacy does not enable the female parent’s name to be put on the birth certificate as the mother, without the intervention of the court. The surrogate’s name is mentioned on the birth certificate, as the mother. The documentation process has to be taken to the court to change the mother’s name to the female parent’s name from the surrogate mother. Couples have to enroll themselves to the legal aid department of the surrogacy center to get this legal assistance. Intended parents need court permit before transferring their child to their home country.

The international surrogate and egg donor agencies in the United States are expensive in comparison to Mexico. The medical charges, the cost of food and stay for undergoing the surrogacy process personally, is much high for middle-class people to afford. While the future parents may be from all over the world, they have to rely on the surrogacy courts of the U.S.A. to have a surrogate carry their baby. As soon as the child is born through surrogacy, the legalities are addressed to make sure that the name of the intended parents is on the birth certificate. Unless the names of the intended parents are clearly mentioned on the birth certificate, the United States Visa Officials do not sanction the child’s migration to the intended parent’s country.

It’s critical for intended parents when it comes to researching a surrogacy agency in the U.S. All they want is to make sure that they have choices on centers that have their surrogate to live in the U.S.A.

Also, many couples find California to be a better state to go for surrogacy. While California appears to be attractive, it is very costly in terms of medical expenses, hotels and flights. The other states in the country are financially prudent, but surrogacy is not legal in those places.

For international clients, it is advised to do a thorough research on how to choose an agency in the United States. Enrolling in savvy international agencies of the U.S. require frequent visits to the country. The country’s medical insurance also does not permit repeated surrogacy failures to be covered under the same insurance scheme. Surrogacy does not guarantee success. Therefore, couples have to remain prepared (both emotionally and financially) to deal with the failures of attempts of fertilization and embryo transfers. In the U.S., the medical insurance companies do not reimburse the expenses born by the couples, if the first few attempts of embryo formation fail. The medicine charges are also not included in the medical insurance.

While many surrogacy agencies in the U.S. may tout “lower prices,” intended parents are advised to lookout for “hidden costs.” It is important to check the communication fees, in the case of international surrogacy. They can go back to their own countries, once the fertilization process is successful. Embryo transfer and whole pregnancy care can be done with the help of the clinics and the agencies without parents being in the US.

Special Note: The information contained in this article should not be relied upon for decision making. The laws related to surrogacy and egg donation are constantly evolving and the author makes no representation that any information contained herein is consistent with current laws. This information is provided solely as a starting point. Please consult with a reproductive attorney for the most current information applicable to your circumstance.

While various states of the U.S. approve surrogacy contracts, there still are various states that prohibit surrogacy like:

  • Washington DC
  • New Jersey
  • Michigan
  • New York, and
  • Washington

It is also paramount to note that the legal tapestry changes continuously in the United States, regarding surrogacy. Hence, it is highly advised to partner with a third-party reproductive attorney to receive clearance certificates after the child’s birth. It is also vital for international couples to team up with an attorney here in the United States of a professional repute to bring back their child to their country.