The Legalization of Surrogacy in the US

There has been a rise of surrogacy births in the United States since its legalization. All the legal issues regarding surrogacy usually fall under the policy jurisdiction in the US. Therefore, the legal compliance regarding surrogacy varies from state to state. Thus, while this practice is acceptable in a number of countries, it is illegal in others.

Legalization in Different States

Some states in the US of America have made this practice, and the contracts involved easier while other countries have completely refused to implement the laws governing surrogacy and even go to the extent of penalizing commercial surrogacy.

Surrogacy friendly states usually impose altruistic and commercial surrogacy contracts and even offer easy, straightforward guidelines to the intended parents to be recognized as the legal parents of the newborn baby. Other states that have legalized this practice provide support to all types of couples, even the heterosexual couples, if they are married or unmarried. These states also support single parents to go through this procedure.

Usually, legal validation is only allowed if the surrogacy is gestational. This means that traditional surrogacy receives minimum or no legal authentication in the US.

Surrogacy friendly states of USA

States that have legalized this practice include:

  • Illinois
  • Maryland
  • Arkansas
  • California
  • New Hampshire

Key Factors Governing the Legalization of Surrogacy in the US

Three main factors govern the legal authentication of this practice, and they include:

  • The residency of the surrogate parent
  • The place of contract completion and
  • The place of the birth of the child

People who live in states where Egg Donor and Surrogacy is prohibited usually get benefits of the states that have legalized this practice only if they chose to work with a surrogate who lives in these states. More so, if the child is delivered in a surrogacy friendly state, the intended parents will also enjoy the benefits.

Birth Certificates

The Illinois Gestational Surrogacy Act has made laws governing this practice to be very flexible. Therefore, intended parents that seek surrogacy in this state do not need to be residing in the country. More so, the birth certificate will be given to these parents with their names on it without any court complications.

However, the other states require a court settlement of the birth certificate.

This means that the name of the surrogate mother is put on the birth certificate indicating that she is the mother without court intervention. Then the documentation process to transfer the intended parents’ name to the birth certificate has to be taken to court.

Some couples even have to enroll in the Legal Aid Department of the surrogacy center to obtain legal assistance of transferring the names. More so, the intended parents must have a court permit before they transfer the child to their home country.

Laws governing surrogacy are thus diverse depending on the statutory regulations of states that allow this practice. For the people living in states where this practice is prohibited like Washington DC, Michigan, Washington, New York and New Jersey, they can still go through the process by working with a surrogacy friendly state.

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