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Category: USA

Surrogacy in USA

Posted by: Thomas on November 29th, 2011 no responses.

According to The Organization of Parents through Surrogacy, since 1976 there have been around 25 thousand births through surrogacy in the United States. People considering surrogacy are couples who cannot conceive, also gay couples, and even single men and women, who – without the recent advancement in science – may never have had the chance to become parents.

The Statue of Liberty and Manhattan Skyline United States Capitol Building

Cost of Surrogacy in the US

Surrogacy procedure in the US is expensive, but many average-income earning couples find it is worth spending money they have saved for several years in order to know the feeling of holding their own child. Thankfully, as years go by the costs seem to go down as many competing surrogacy clinics try to offer lower costing packages to attract more clients.

US Laws on Surrogacy

US surrogacy laws differ per state, so it is advised to seek legal counsel before deciding to go on this journey. Lawyers will also be able to help in drafting the right contracts that are usually signed by the family and the surrogate in order to protect their rights in the arrangement.

US Surrogate Mothers

In the US, surrogate mothers range from women intended parents personally know, women recommended by surrogacy clinics, and sometimes women who advertise online their willingness to become surrogate mothers. Considering that a surrogate mother has to eventually give up the baby she grew in her own womb, it is surprising how many women actually volunteer to be part of this procedure.

Many of US surrogate mothers say that the money is the foremost reason for doing it; they can be paid up to $30,000 for being a surrogate mother, with medical fees and other related costs of the surrogacy procedure, pregnancy, and birth shouldered by the intended parents. Some, like Jen Betts as featured in a USA Today article about a gay surrogacy case in America, insist their motivation is more than the money; it is having the opportunity to help other people experience the joy of becoming parents.

US Flag New York City Skyline and Brooklyn Bridge

Advantages of Surrogacy in the US

Proximity is one of the biggest reasons why people go for surrogacy in the US against lower surrogacy fees in other countries. The added comfort of knowing that the surrogate and the baby are very accessible, at most through a short plane ride, is very attractive. Apart from this, if any difficulty  arise during the process, preferred doctors and hospitals are available to help out. Surrogacy in the US may cost a lot, but for US citizens who can afford it, the procedure can be the most comfortable and least stressful journey to take, right in your own homeland.

 

Surrogacy Laws in USA

Posted by: Roberts on August 26th, 2011 no responses.

Surrogacy is defined as an arrangement in which a woman bears or carries a child which eventually has to be handed over to another person or couple. So a surrogate acts as a child carrier. Surrogacy can be of various types. Surrogacy Laws in USA

Surrogacy is a complex and controversial issue, with people holding varied views all over the world. Although it provides an option to both couples and singles  to have a child who is genetically related to them in case  all the other methods to have a child  do not work for them, but still surrogacy is a concept that has not been fully accepted in many countries.

Complexity of surrogacy in USA is augmented due to lack of uniformity of laws pertaining to surrogacy. Each of the fifty states of the country has different laws – some allow surrogacy, some allow certain types only and some have banned it completely. So, entering a surrogacy agreement in U.S.A can be cumbersome as one needs to know the laws applicable in the state of his residence.

Since, surrogacy laws are non-uniform and entering a surrogacy agreement in U.S.A is both cumbersome and expensive, opting for surrogacy abroad can be a solution for U.S. citizens who want to go in for surrogacy to start their families. There are many countries in which laws are surrogacy supportive and cost of surrogacy is also low. Surrogacy in India, and several Eastern European countries is becoming preferred destinations to go in for surrogacy.

Legality of Surrogacy in U.S.A.

Surrogacy laws applicable in different states of U.S.A are given in the following table:


Alabama No direct laws. In one of the cases legal rights of intending parents have been recognized.
Alaska Law Silent
Arizona Prohibits all kinds of surrogacy-gestational, traditional and commercial
Arkansas Legal recognition to Surrogacy contracts. But no specifications for homosexual couples.
California Recognizes surrogacy agreements and state’s Uniform Parentage Act is used to solve cases.
Colorado No direct laws
Connecticut No laws but cases decided have been surrogacy supportive
Delaware Silent law and cases decided have been unfavorable
District of Columbia All types of surrogacy agreements are prohibited
Florida Allows both traditional and gestational surrogacy, but only to heterosexual couples.
Georgia No laws and no published cases pertaining to surrogacy
Hawaii No laws and no published cases pertaining to surrogacy
Idaho State laws silent. Case laws suggest acceptance of surrogacy for heterosexual couples.
Illinois Gestational surrogacy is allowed. Traditional surrogacy and surrogacy for same sex couples is not recognized.
Indiana All kinds of surrogacy agreements are unenforceable by law.
Iowa Implicit acceptance of surrogacy but no direct laws. Surrogacy agreements for homosexual singles and couples have not yet been considered.
Kansas Law Silent
Kentucky No direct laws. Supreme court case suggests acceptance of non-commercial surrogacy. Surrogacy agreements for homosexual singles and couples have not yet been considered.
Louisiana Paid traditional surrogacy agreements are void and other types of surrogacy agreements have not been recognized.
Maine No laws and no published cases pertaining to surrogacy.
Maryland No direct laws. Indirect laws suggest commercial surrogacy agreements as enforceable. Surrogacy agreements for homosexual singles and couples have not yet been considered.
Massachusetts Laws silent. Published cases have surrogacy supportive. Surrogacy agreements for homosexual singles and couples have not yet been considered.
Michigan All surrogacy agreements are prohibited.
Minnesota No laws and no published cases pertaining to surrogacy. But an unpublished case suggests that law would be favorable toward surrogacy.
Mississippi No laws and no published cases pertaining to surrogacy
Missouri No direct laws. Surrogacy agreements for homosexual singles and couples have not yet been considered.
Montana No laws and no published cases pertaining to surrogacy.
Nebraska Commercial surrogacy is prohibited. Surrogacy agreements for homosexual singles and couples have not yet been considered.
Nevada Law permits surrogacy to married couples. Nevada Domestic Partnership Act however implicitly legal enforceability of surrogacy agreements for homosexual, bisexual and transgender couples.
New Hampshire Surrogacy agreements are allowed. But no clarity on issue of enforceability surrogacy agreements for homosexual, bisexual and transgender individuals.
New Jersey Allows altruistic surrogacy but surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
New Mexico Allows altruistic surrogacy but surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
New York All types of surrogacy agreements for all kind individuals are void and unenforceable.
North Carolina No direct laws. Other laws seem to accept altruistic surrogacy agreements. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
North Dakota Laws prohibit traditional surrogacy but gestational surrogacy is allowed. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
Ohio Undecided laws. Some court decisions indicate legal acceptance of surrogacy.
Oklahoma No direct laws. But opinion of an Attorney general indicates non-acceptance of commercial surrogacy and a favorable review of altruistic surrogacy with reasonable expenses to surrogate. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
Oregon Altruistic surrogacy is allowed. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
Pennsylvania Ambiguous laws.
Rhode Island No direct laws. But approval of some forms of surrogacy is suggestive from the laws. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
South Carolina No laws pertaining to surrogacy. Case law suggest acceptance of surrogacy contracts. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
South Dakota No laws and no published cases pertaining to surrogacy
Tennessee Law seems to give legal recognition to surrogacy agreements. Surrogacy is defined as when a surrogate bears a child for a married couple. So approval of surrogacy agreements for bisexual, homosexual and transgender individuals is ruled out.
Texas Law allows gestational surrogacy, but not to same sex couples.
Utah Law allows gestational surrogacy, but not to same sex couples.
Vermont A case indirectly suggests acceptance of surrogacy. The same case also suggests allowance of surrogacy to homosexual, bisexual and transgender individuals and couples.
Virginia Altruistic surrogacy is allowed, but to heterosexual couples only. Homosexual couples are not allowed to enter surrogacy agreements.
Washington Commercial surrogacy is prohibited. Altruistic surrogacy is permitted and with payment of certain expenses to the surrogate. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
West Virginia No direct laws. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
Wisconsin No direct laws. A court decision has been supportive. Surrogacy agreements for homosexual, bisexual and transgender individuals have not yet been considered.
Wyoming No laws and no published cases pertaining to surrogacy