Surrogacy in USA
Surrogacy in USA
Surrogacy in the USA has gone extremely popular among most surrogacy-seeking couples worldwide over the past few decades. Given its highly-rated medical support system and professionals, the nation attracts millions of medical tourists every year.
However, before proceeding any further, one must know that surrogacy is administered on a state-to-state basis in this country. So, in order to get the most out of your surrogacy journey, you must always deal with the top surrogacy agency in USA.
By doing that, you can always stay assured of receiving the best surrogacy services, right according to your customized needs and requirements. Besides, our experts will always stay connected just in case you need any kind of support or assistance during your surrogacy journey in the USA.
What made surrogacy in USA so popular?
There are lots of reasons why surrogacy in USA is been deemed the best in the world. Many overseas parents opt to have their children through a surrogacy clinic in USA, simply because of the extremely supportive and helpful legal, social, and medical norms.
However, before moving forward with your surrogacy plans in the United States, you must take into account a list of factors and elements like cost, reputation of the surrogacy agency in USA, the surrogate mother, and so on.
Is surrogacy legal in USA?
One of the first things that you need to ponder is the legal status of surrogacy in USA. As a matter of fact, surrogacy laws in USA vary according to the state. So, it all depends on the state or region where you are pursuing your surrogacy aspirations.
Surrogacy is legal in just a few states, while others have put complete or partial limitations on it. Moreover, only heterosexual couples can pursue surrogacy in certain locations, while married couples can only be surrogate parents in others.
Analyzing the cost of surrogacy in USA
The cost of surrogacy in USA depends on a list of factors like the total number of IVF cycles performed, involvement of any sperm or egg donor in the arrangement, IVF medications, and cost of a surrogate mother in the USA. Hence, prospective parents should consider all these options before taking the first step forward.
On the other hand, Gestational Surrogacy in USA may be more expensive than in other nations. This might be due to increasing medical costs and other factors. Despite this, given the highest quality medical treatment options and fertility specialists, all these costs seem justified.
How surrogacy in USA works?
Once the intended parents connect with one of our client coordinators, we will explain to them in detail about all the procedures and professionals that may come along in their surrogacy journey. Afterward, we will connect them with a surrogate mother in USA that gets finalized after taking into account their preferences and requirements.
Once done, every party involved will enter into a surrogacy contract that will mention their roles, rights, and responsibilities during the surrogacy in USA.
What are other legal implications involved in Surrogacy in USA?
As mentioned earlier, surrogacy in USA is managed at a state level. So, you may have to deal with the respective legal implications regarding surrogacy in USA. Still, Pre-birth order and Pots birth order are two of the most common aspects of the same framework.
Pre-Birth order
During the third trimester of a woman’s pregnancy, a court order known as a Declaration of Parentage is carried out. It stipulates that the name of the intended parents be included on the birth certificate. The name of the surrogate mother in USA will never appear on a birth certificate in states that permit pre-birth orders (unless directed to by the intended parents).
Post-Birth Order
In states where pre-birth orders are not permitted, the most common option is a post-birth order. When a child is born, a judge makes an order identifying the child’s paternity. However, given rigorous provisions of a well-executed surrogacy contract, the surrogate will be unable to fight the arrangement in most states.
Parents-to-be should only consider surrogacy in states that are “surrogacy friendly,” meaning that the practice is supported by a favorable legal environment. To make things easier for you, we have hereby listed all the states along with their respective surrogacy laws in USA.
States that supports surrogacy in USA
| Name of the State | Regulation |
| California | Numerous court rulings have upheld both surrogacy agreements and pre-birth orders. |
| Connecticut | Pre-birth orders are granted to all intending parents, whether they are married or not, and whether or not they have any biological relationship to the child. |
| Delaware | The legislation specifically supports pre-birth orders and surrogacy arrangements. |
| District of Colombia | In 2017, legislation was passed to safeguard commercial surrogacy arrangements. The law now defines parenting differently as a result of ART operations. |
| Maine | Pre-birth orders are permitted in this state as of 2016, with minor restrictions. |
| New Hampshire | Surrogacy agreements and pre-birth order will work if the intending parents and surrogate meet specific conditions. |
| New Jersey | Intended parents who utilise their own or donor eggs and sperm can easily get a pre-birth order. |
| Nevada | The legislation specifically supports pre-birth directives and surrogacy arrangements. |
| Washington | The state legislature in Washington considers gestational surrogacy to be a “friendly” practise. The state permits married or unmarried couples, same-sex or heterosexual, to obtain a pre-birth order even if neither of the intended parents has a biological connection to the kid. |
States that partially support surrogacy in USA
| Alabama | Pre-birth orders are only available to married couples. |
| Alaska | Although there are no laws, the courts here have been mainly favourable of surrogacy treatment. In this state, pre-birth orders are not officially supported. |
| Arkansas | The rule applies to both heterosexual and same-sex married couples who enter into surrogacy agreements, according to a 2017 court decision. Surrogacy for same-sex couples in the United States requires a marital connection between same-sex couples. |
| Colorado | Surrogacy is not regulated, although the courts have been mainly supportive. |
| Florida | Only married couples are eligible for gestational surrogacy in USA |
| Georgia | Surrogacy is unregulated, although the courts have been mainly supportive. |
| Hawaii | Due to a lack of surrogacy-friendly legislation, pre-birth orders are not permitted. |
| Illinois | Pre-birth and post-birth orders are available to expectant parents as long as one of the parents is genetically connected to the child. |
| Kansas | Surrogacy is unregulated, although the courts have been mainly supportive. Pre-birth orders are made on a case-by-case basis. |
| Kentucky | Although there are no laws against surrogacy, the courts have been favourable. You have the right to ask for a prenatal order if you’re married. |
| Maryland | Intended parents can get pre-birth and post-birth orders, but there is presently no surrogacy statute that enforces surrogacy contracts, leaving the issue of parentage orders to the discretion of the court. In most cases, a pre-birth order may be acquired without any legal issues. |
| Massachusetts | There are no surrogacy laws in place, but intending parents may be able to rely on the courts for assistance. |
| Minnesota | There are no surrogacy laws in place, but intending parents may be able to rely on the courts for assistance. |
| Missouri | Despite the state’s restriction on pre-birth orders, Missouri’s post-birth order system functions well. People can acquire a post-birth order whether they are married or not, even if neither of the intended parents has a genetic connection to the child |
| Mississippi | There are no surrogacy laws in place, but the intended parents may be able to rely on the courts for assistance. Per-birth orders may be sought from the court depending on the circumstances |
| North Carolina | In North Carolina, gestational surrogacy is neither legal nor illegal, therefore the procedures and legal consequences vary greatly from county to county and court to judge. Pre-birth orders can be obtained by married couples, however unmarried couples may face difficulty due to uncertainty in state law. |
| North Dakota | Given that one of the intended parents is biologically related to the kid, the intended parents remain the legal guardians of the child born via surrogacy |
| New Mexico | There are no surrogacy laws in place, but intending parents may be able to rely on the courts for assistance. |
| Ohio | Obtaining a pre-birth order for one’s unborn child does not need going through the courts. People, married or unmarried couples (of the same sex or heterosexual sex), regardless of whether they have a genetic relationship to the child, can place pre-birth orders. |
| Oklahoma | Surrogacy is rated as “Partially Friendly” in Oklahoma. Despite state legislation allows married intended parents, straight or same-sex, to seek gestational surrogacy, unmarried couples in Oklahoma are unable to get a pre-birth order with both of their names on it. Single intended parents can acquire a pre-birth order even if they aren’t genetically related to the kid. |
| Oregon | Pre-birth orders can be obtained by the courts if at least one parent is genetically related to the child. |
| Rhode Island | There are no surrogacy laws in place, but intending parents may be able to rely on the courts for assistance. |
| Pennsylvania | Despite the lack of clear case law or legislation, the Pennsylvania Superior Court has overruled lower court findings that invalidated surrogacy contracts and intended parents’ rights. In the lack of legislation, parental orders are available in different parts of the state. |
| South Carolina | There are no surrogacy laws in place, but intending parents may be able to rely on the courts for assistance. |
| South Dakota | There are no surrogacy laws in place, but intending parents may be able to rely on the courts for assistance. |
| Texas | Gestational surrogacy arrangements can only be entered into by heterosexual, legally married couples. |
| Utah | Only heterosexual, legally married couples can enter gestational surrogacy arrangements, and only if the agreement is verified by a court after the baby is born. |
| Wisconsin | The courts may support pre-birth orders, but post-birth orders are always required to establish legal parenthood |
| West Virginia | Pre-birth orders can be used by legally married heterosexual couples. |
States in the United States that are ‘Surrogacy friendly’ in specific situations
| Iowa | There are no surrogacy laws in place, but the intended parents may be able to rely on the courts for assistance. Surrogacy arrangements were not seen to be the selling of human beings in one of the local court’s judgements. |
| Idaho | Even though there is no surrogacy legislation in force, pre-birth orders may only be issued if the pair utilises their own eggs and sperm in the IVF treatment. |
| Montana | There are no precedents or legislation in place. |
| Nebraska | Entering into a commercial surrogacy deal is against the law. The legislation does not support altruistic surrogacy arrangements. |
| New York | Surrogacy agreements are lawful and pre-birth orders can be sought as of 2021 if the intending parents are residents of the state. Either the surrogate or at least one of the parents must have lived in the state for six months to be eligible for a pre-birth order. |
| Tennessee | Local laws establish surrogacy agreements, which are favoured when the child’s intended biological parents are also the surrogate parents. If an egg donor is used, the surrogate must relinquish her parental rights. |
| Vermont | Surrogacy is not governed by any laws. The courts do not support pre-birth orders, but they can award post-birth orders. |
| Virginia | Surrogacy for the aim of bearing a child is lawful, but it is subject to a plethora of complicated rules. Post-birth orders are usually granted instead. |
States in USA where surrogacy is deemed as completely Unlawful
| Arizona | Surrogacy agreements are prohibited in the area, and the surrogate is legally considered the biological mother of the child. |
| Indiana | In Indiana, surrogacy is prohibited, and surrogacy contracts are not authorised. As a result, Indiana is one of the few “surrogacy-unfriendly” states in the country. Even if a surrogacy contract is proved to be invalid, some courts will grant parental orders nevertheless. |
| Louisiana | Surrogacy is only authorised for married heterosexual couples who utilise their own eggs and sperm. |
| Michigan | Commercial surrogacy contracts are not authorised. Those who participate in surrogacy-related behaviour may face criminal penalties. |
| Wyoming | Surrogacy is uncontrolled, and courts do not support it. |
How can we help?
At Surrogacy Care, we are committed to offer you all the required support and assistance during your surrogacy journey in USA. We have further partnered with best surrogacy agencies in USA and IVF clinics to help you during every stage.
Contact one of our consultants today for a free consultation!