U.S. laws governing surrogacy agreements and Gestational Carrier compensation often vary by state and individual. Sometimes, these variations can depend on sexual orientation and marital status. This is the number one reason that many potential surrogate parents choose to have their surrogacy agreement carried out in another state.
For this reason, it is crucial that gestational carriers and intended parents know the specific surrogacy laws in their states and get arrange qualified legal representation to protect their rights during the gestational surrogacy process.
Gestational Surrogacy In The United States
To help you understand which laws are the important to know, Baby Blossom Surrogacy has put together a list of the top US states by surrogacy agreement and included some of each state’s specific laws. Let’s take a look:
U.S. Surrogacy Law By State
Arkansas- Arkansas law is highly favorable to surrogacy. There is a statute declaring surrogacy agreements valid. The statute details several types of parentage situations but is more favorable for married couples using their own egg/sperm or a single parent. More than once, the Arkansas Supreme Court has ruled in favor of intended parents.
California- California law, as established in rulings of the California Supreme Court, is very favorable to surrogacy. In the notable cases of Calvert v. Johnson (1993) and Buzzanca v. Buzzanca (1998), California first established and then reinforced its position that intent governs in the determination of parentage in gestational surrogacy situations.
Colorado- there is no law governing surrogacy and the courts are generally favorable to all different types of parents.
Delaware- a 2013 law permits surrogacy (gestational) and details the process. Parentage filings are pre-birth with the final decree issued post-birth.
District of Columbia- on April 7, 2017, DC’s new surrogacy statute took effect. This bill legalizes compensated gestational carrier arrangements in the District of Columbia and clarifies parentage for intended children from gestational surrogacy and from donor egg, sperm, and embryo.
Georgia- there is no law governing surrogacy and the courts are generally favorable to all different types of parents.
Illinois- Illinois has a statute highly favorable to gestational surrogacy which governs the process from contract formation to the issuance of birth certificates. It applies to single parents who have furnished their own gametes or heterosexual couples where at least one person has furnished his or her own gametes.
New Jersey- in May 2018 – New Jersey Governor Murphy signed Law the New Jersey Gestational Carrier Agreement Act into (A-1704), which secures both the rights and responsibilities of Intended Parents and Gestational Carriers.
New York- on April 2, 2020, New York lawmakers passed The Child Parent Security Act (CPSA) and contains a Surrogates Bill of Rights. It allows for compensated surrogacy arrangements and provides a Pre-Birth Order which confirms the legal parentage of the intended parents at the moment of the child’s birth. It is important to note that he bill is scheduled to take effect February 15, 2021.
North Dakota- statute permits gestational surrogacy and pre-birth orders can be granted and generally without a court appearance.
Tennessee- Tennessee has a statute that “expressly authorize(s) the surrogate birth process.” It defines surrogacy as comprising two situations: 1) gestational surrogacy where both intended parents furnish the gametes and 2) gestational surrogacy where the intended father furnishes the sperm and the surrogate relinquishes the child to him and his wife.
Washington- Washington statutes permit uncompensated surrogacy arrangements and new legislation, effective January 1, 2019 decriminalizes commercial surrogacy.
Contact Baby Blossom Surrogacy
To learn more about the benefits of becoming a surrogate mother, or how surrogacy can help make your dream of starting a family a reality, contact Baby Blossom Surrogacy and speak to a surrogacy professional today who can answer your questions.
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