The United State Surrogacy Law Guide
Surrogacy Law & Legislative Act – Classified By State
Gestational Surrogacy Law is based on complex legal practices and statute references. It also keeps changing on a regular basis and varies largely across states. So, it may become difficult for the couples looking for surrogacy services to comprehend the surrogacy rules that apply in their case. To make it easy for you we have compiled the details of the law defined by different states of the US.
With our regular practice in the domain we know, the course of access and approval through the court of law is not easy. The law related to surrogacy refers to complicated legal directives and considerably relies on the discretionary power of the court authorities. Therefore, you always need expert support by your side to help you with a smooth way through the legal processes.
Classification of States Based on the Legal Permit
Here are different categories of surrogacy law segregated based on the permissible degree of accessibility and approval. You can put these on a scale of receptivity with ‘Highly Friendly’ States as the most ‘surrogacy-favorable’ states, followed by ‘Quite Friendly’ and ‘Acquaintance’ states that permit surrogacy, but with some conditions or limitations imposed on it. Moving towards the ‘Not Friendly’ states that have harsh rules against the surrogacy arrangements to finally reach the other end of the gauging meter with ‘Foe’ states that completely prohibit or do not recognize any kind of surrogacy contracts.
“Highly Friendly” States
Surrogacy is open for all types of couples in the Highly Friendly States. Pre-birth parentage orders are easily obtainable within these states. Also, the prenatal orders are served all across the area and the certificates have the names of both the parents. Here are the state-wise details of gestational surrogacy law with elaborated information per state for the Highly Friendly category, going in alphabetical order.
“Quite Friendly” States
Surrogacy is permitted but results may vary across venues based on different factors. Some state laws may demand post-birth legal procedures. Check out different states falling in this category and find out every detail about surrogacy law and statutes followed by these states individually.
AL, AK, AR, CO, FL, GA, HI, IL, IA, KS, KY, MA, MD, MN, MO, MS, MT, NC, ND, NM, NY, OH, OK, OR, PA, SC, SD, TX, UT, WI, WV
“Acquaintance” States
These are the states that involve conditional permission to obtain the surrogacy order. These have potential legal challenges and obstructions that might make the results get delayed and inconsistent.
So, you have to proceed with caution with these states. Go with the detailed account of surrogacy law and parentage orders for the jurisdictions falling in this category.
"Not Friendly” States
These are the areas to go with extreme caution. The courts of law in these states practice surrogacy and also issue parentage orders but the contracts have no legal validity and cannot be enforced by statute. Click on the links placed below to read about the information related to the law for surrogacy in these states.
AZ, IN
“Foe” States
This is the STOP zone for obtaining surrogacy orders. Statute or case laws prevailing with these states don’t permit compensated or paid surrogacy contracts. Also, they have restricted the provision of birth certificates showing the names of both the parents. The legal take of these states can be checked through these links.
MI
Here, though we have tried to contain states in specifically defined zones, there are more layers to these when it comes to dealing with actual proceedings. Some of the states within the friendly blocks may have to depend on court decisions as the situations in real life may not be as straight and obvious. Also, there may be unheard and awkward circumstances appearing in many cases, the decision for which may not be fulfilled by a pre-laid and defined legal procedure. This may encounter variations and deviations in the way different jurisdictions in the same category respond and provide for the gestational surrogacy law. This may also have a bearing on how they go about the case and how much time and what course they take to issue the parentage orders and certificates.
Going by these details you will get a broad idea about the laws governing gestational surrogacy across different states in the United States. However, as you try these out practically you will get the deeper insight and perspective of the legal matters concerning your situation, as you consult your attorney. So, it is always suggested to hire a professional with proven experience in the field. This will help you take a smooth route through the legal surrogacy process in your state and suit of affairs.
Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.