Surrogacy in USA comes as the top choice of many intended parents around. Yet, you may come across people that have issues with the laws and regulations regarding surrogacy in the USA. So, is it a good time to proceed with surrogacy in this country? Let’s find out in the following parts of this blog.
Is it legal to pursue surrogacy in USA?
Yes, it is completely legal to pursue surrogacy in USA. However, surrogacy laws in USA vary widely across the country and are subject to change. Moreover, these surrogacy laws could come as complicated because it involves issues of family law, contracts, and sometimes interstate or international law.
Here are examples of a few states and their stance on surrogacy as of now:
California: Known as a surrogacy-friendly state, California allows both gestational and traditional surrogacy contracts for all family types, and ensures that the intended parents' names appear on the birth certificate. Moreover, there isn’t any prohibition or issues regarding egg donation in USA within this state.
Connecticut: This state is also friendly to surrogacy and allows for gestational surrogacy agreements via USA surrogacy agency. Moreover, the intended parents' names are placed directly on the birth certificate of the born child.
Delaware: Delaware allows for gestational surrogacy for all intended parents, regardless of marital status or sexual orientation. However, traditional surrogacy is not explicitly permitted.
Florida: In Florida, gestational surrogacy is allowed, but traditional surrogacy has additional legal restrictions and risks. Moreover, only heterosexual couples are allowed to be intended parents for traditional surrogacy.
So, if you are thinking of pursuing surrogacy for same sex in USA in this state, you may have to choose alternative option.
Illinois: This state has a comprehensive law that allows gestational surrogacy for all intended parents, regardless of marital status or sexual orientation. Additionally, traditional surrogacy is also legal but less protected.
New Hampshire: New Hampshire is open to gestational surrogacy for all types of families. Besides, its surrogacy laws allow for pre-birth orders, ensuring the intended parents' names on the birth certificate.
New York: As of February 15, 2021, gestational surrogacy is legal in New York, with comprehensive protections for all parties involved. Yet, traditional surrogacy remains unregulated and therefore legally risky, even if you are pursuing via a USA surrogacy agency.
Texas: Texas law permits gestational surrogacy for married intended parents only. Also, the law is not clear on traditional surrogacy.
Washington: As of January 1, 2019, compensated surrogacy is legal in Washington State. Besides, the law now provides a structure for surrogacy agreements and establishes parentage for the intended parents before birth.
On the other side, states such as Michigan and Nebraska prohibit all surrogacy agreements, while others like Arizona and Indiana have prohibitive laws but don't outlaw the practice entirely.
Intended parents must know that this is a general guideline, and surrogacy laws are complex and can change. Each case may also be different, so it's essential to consult with a legal professional who specializes in reproductive law in the specific state for the most accurate and current advice.
Furthermore, it's also crucial to work with reputable agencies that follow the guidelines set forth by the American Society for Reproductive Medicine (ASRM) to ensure ethical practices are followed in all third-party reproduction processes, including surrogacy and egg donation in USA
What considerations you should make before opting for surrogacy in USA?
Pursuing surrogacy can be a complex process, so there are several precautions to take to ensure the best possible outcome for all parties involved:
Take a detailed understanding of the surrogacy laws in USA: Surrogacy laws in USA vary from one state to another. So, before getting any further, you must first check and review the laws and regulations of that particular state. This is where working with a trusted USA surrogacy agency is always recommended.
Surrogate screening: Being an intended parent, you must ensure that the surrogate mother is checked and reviewed for any kind of physical or mental health issue. The American Society for Reproductive Medicine (ASRM) defines clear guidelines for all such assessments. So, while connecting with a surrogacy agency, check about the process they follow to conduct such screenings.
Check about the surrogacy costs: Surrogacy cost in USA is higher than any other country around the world. Still, the quality of the services here makes it worth the effort. Talking about the surrogacy costs, that may include compensation paid to the surrogate, legal fees, fees for the surrogacy agency, and more. Ensure you have a clear understanding of all potential costs before beginning the process.
Surrogacy contracts: Once you've chosen a surrogate, it's crucial to draft a comprehensive surrogacy contract. This contract should outline each party's rights, roles, and responsibilities, as well as plans for potential issues (such as what happens in the event of a multiple pregnancy). Moreover, both you and the surrogate should have separate legal representation to ensure all parties' interests are represented.
Mental health support: Surrogacy can be an emotional journey for every involved party, and access to mental health support can be beneficial. That said, you must talk to your surrogacy agency to discuss the availability of such counselors and experts.
Establish the parental rights: Establishing your parental rights can be a complex part of the surrogacy process. Laws around this vary by state, so it's crucial to work with a legal professional to ensure your parental rights are established as soon as possible.
Medical care and insurance: Ensure the surrogate has appropriate medical care throughout the pregnancy, and that her health insurance covers the pregnancy and delivery. Moreover, you should also consider whether additional insurance policies (such as a life insurance policy for the surrogate) are appropriate.
Open communication and a good relationship: Throughout the process, maintain open lines of communication with your surrogate. That said, it can be beneficial to establish expectations about communication and contact during the pregnancy and after the birth.
Final words
Remember, each surrogacy journey is unique, and these are general recommendations. So, it's crucial to work with experienced professionals who have expertise to deal with such situations and requirements. The process involves important legal, financial, and emotional considerations, so taking the right precautions can help ensure a successful and positive experience.
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