What Happens If I Live in a State That Isn't Surrogacy-friendly?

For couples and individuals considering using a gestational surrogate to build a family, one of the first factors they need to take into account is their location. This may come as a surprise for some future parents. However, before any agreements or negotiations with a surrogate can take place, these couples and individuals need to confirm whether they live in a state that is “surrogacy-friendly.”

Surrogacy law in your state
Laws about surrogacy differ from state to state. Some states may be considered friendly to gestational surrogacy, whereas others may either prohibit surrogacy or have no laws in place. Surrogacy America strongly recommends that anyone seeking a surrogate do their research prior to starting the search and contact a reputable agency to help address any legal concerns you may have. Our case managers can also refer you to an attorney when it is time to draft an agreement.

One of the ways surrogacy law can vary from one state to another is the type of surrogacy being used. In gestational surrogacy, the surrogate bears no genetic relationship to the baby she is carrying. In traditional surrogacy, the surrogate not only carries the baby but also shares a genetic relationship because her egg was used to help conceive the baby – the surrogate is the child’s biological mother. Even though gestational surrogacy is generally the preferred option for modern family building today, some states will not allow it because gestational surrogates are compensated for their time and efforts.

Marital status may also determine the legality of a surrogacy contract in certain states. Surrogacy law in select states still requires a couple to be legally married before pursuing surrogacy.

What happens if my state isn’t surrogacy-friendly?
There are still options available if gestational surrogacy is not legal in a particular state. Surrogacy America recommends speaking with one of their case managers or with a legal representative in order to determine next steps. Oftentimes, if a couple or individual lives in a state that is not surrogacy-friendly, they will work with a surrogate who lives in a surrogacy-friendly state.

Please contact us today to speak with an expert at Surrogacy America and to determine which states are friendly to surrogates.

Related Topics: Using a Surrogate Mother