How Is Gestational Surrogacy in the United States Different from Other Countries?
Not only does surrogacy law vary from state to state, it also varies widely across different countries. For U.S. citizens, the ability to draft and execute a gestational surrogacy contract will depend on the state. For example, New York and New Jersey do not allow for gestational, or compensated, surrogacy agreements, but states like California, Illinois and Nevada are considered “surrogacy-friendly.” For other states, surrogacy may be permitted, but only in certain situations regarding the intended parents.
It is up to every intended parent to learn the surrogacy laws in their state or country. Searching for a gestational surrogate or agreeing to a contract without being fully aware of the legal circumstances is ill-advised, as it can leave intended parents in difficult, time-consuming, and financially-demanding situations. There have been cases where intended parents faced difficulties post-delivery or when it came time to return home with their new baby.
International surrogacy law
Surrogacy law will differ from country to country, a topic that is not without controversy. Many countries that were once considered surrogacy-friendly have, or are currently, in the process of reevaluating their laws. This is especially true in countries where gestational surrogates were not as strongly protected contractually or supported by the organizations they worked with. Contractual surrogacy is currently prohibited in Italy, Germany, France, Portugal, Spain and Bulgaria. In countries like the UK, Ireland, Belgium and Denmark, surrogacy is allowed, but compensation is very limited.
For intended parents who live outside of the United States and wish to work with a U.S.-based surrogate, it’s important to find a reputable agency with experience in international surrogacy. Surrogacy America has worked with intended parents from all over the globe.
Intended parents who choose to work with Surrogacy America receive a referral for an attorney who is experienced in third-party reproduction law. The surrogate will have her own legal representation and the two attorneys will draft an agreeable surrogacy contract.
If you are interested in working with Surrogacy America to help build your family, please contact our case managers today.