Legal Issues with Surrogacy

If you are an individual, part of a same-sex couple or a couple who has had difficulty conceiving, or if you are otherwise looking into surrogacy as a way to expand your family, you will need to consider the many laws that apply in surrogacy arrangements in the United States and internationally.

Below, we review some of the surrogacy laws you need to know and what you should do if surrogacy is illegal in your state or that of your potential surrogate mother.

Surrogacy Laws across the Nation

If you are interested in pursuing a domestic surrogacy arrangement, you will need to know what the surrogacy laws are in your state, as surrogacy arrangements are only regulated on a state level in the United States.

The laws you will follow will be based upon what state your surrogate lives in. For example, if your surrogate mother lives in Florida, then you will not have to worry about surrogacy being illegal, as Florida law allows for both types of surrogacy: gestational and traditional.

However, if you were hoping to work with a surrogate mother based in New York, then you will need to work with your surrogacy attorney, as New York law expressly prohibits surrogacy arrangements in any form.

There are also many components of a surrogacy that vary from state to state. For instance, some states allow for surrogacy, but only if the arrangement remains uncompensated and/or altruistic. Other legal issues you might run into include having the ability to obtain a pre-birth order that will allow your name to be placed on the baby’s birth certificate.

What Do I Do if Third-Party Reproduction Is Illegal Where I Live?

If alternative reproduction options are not available where you live, or if you were hoping to participate in a surrogacy arrangement with a surrogate who lives in a state where surrogacy is prohibited, our surrogacy agency can help you.

We will be able to assist you in formulating a surrogacy plan so you and/or your surrogate mother can continue with your surrogacy journey in a state that is surrogacy-friendly.

Contact a Qualified Surrogacy Agency

As you begin researching your surrogacy options, you will benefit from having an experienced surrogacy agency like Baby Steps Surrogacy Center, Inc. assisting you.

The laws across the nation and globe are complex, and your surrogacy arrangement should not be disrupted by legal issues and other struggles. You can come in for your free consultation after giving our office a call at 412-884-2229 or filling out our online contact form. You can find this form by clicking on the contact button provided above.