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Is Surrogacy Legal in Every State?

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When you are unable to have children on your own, whether that be because you are a single parent, part of an LGBT couple, having fertility issues, or for some other reason, you may be looking into alternative reproduction options in order to grow your family.

However, depending on what state you live in, surrogacy may or may not be legal. Continue reading to learn more about the legalities of surrogacy arrangements and which states forbid surrogacy arrangements.

The Legalities of Surrogacy in the United States

It may come as a surprise to learn that surrogacy is not legal in every state. In fact, there are a number of states that do not permit surrogacy arrangements of any kind, while others place restrictions on certain forms of surrogacy arrangements.

Other states simply do not have any type of surrogacy law whatsoever and no case law to support its legality or illegality. For example, in both Montana and Wyoming, there has yet to be a precedent that addresses the validity of surrogacy arrangements.

In many states, even if there is no set law regarding the matter of surrogacy, the courts will routinely issue pre-birth orders or are otherwise favorable towards intended parents of a baby born through surrogacy, such as is the case with Vermont, Oregon, and South Dakota.

Still other states, including Washington and Michigan, will only permit uncompensated or compassionate surrogacy arrangements.

If you live in New Jersey, Tennessee, Delaware, Connecticut, Florida, Nevada, Arkansas, or Illinois, you can expect surrogacy to be seen quite favorably by the courts.

As you can see, state surrogacy laws can be considerably complicated, but you can reach out to our agency for more information about the laws as they relate to the state you live in.

States Where Surrogacy Is Prohibited

Unfortunately, there are also a few states where any type of surrogacy arrangement is prohibited and illegal. In Indiana, for example, the law explicitly states that surrogacy is unenforceable, but in some cases, judges will still issue pre-birth orders. Nebraska and Arizona both also consider surrogacy arrangements to be illegal.

What is more, residents of Michigan and New York can face criminal penalties for entering into any type of surrogacy arrangement, with lawyers and surrogacy agencies facing considerable fines for facilitating such arrangements in the state of New York in particular.

Fortunately, state laws become applicable to the state in which your potential surrogate mother lives, not necessarily the state in which you reside, which is why it is of utmost importance to consult with a reputable surrogacy agency who can help you determine how statewide surrogacy laws will apply in your search for a surrogate mother.

Reach Out to a Pennsylvania Surrogacy Center Today

The desperate longing for a baby of your own can be all-consuming, and if surrogacy is not permitted where you live, then you may be under the impression that all hope is lost for growing your family.

However, nothing could be further from the truth, and our trained staff at Baby Steps Surrogacy Center, Inc. will have the information you need to determine how you should proceed, no matter which state you live in. You can schedule your free consultation with our team today by calling our office at 412-884-2229 or by clicking on the contact button provided on our site.