Surrogacy laws in USA: Why having the right information is crucial?

Is surrogacy legal in USA is a question that confuses many intended parents. Well, in reality, surrogacy in USA is regulated on state to state basis. So, we can say that there are no centralized surrogacy laws in USA. While few states completely allow this process, others prohibit or completely ban any such arrangement.

Talking about the states that completely prohibit surrogacy in USA, the list includes names like Arizona, District of Colombia, Michigan, New York, Indiana, Kentucky, Louisiana and Nebraska. Few of the states from list completely ban surrogacy in USA while others put strict regulations in the same regard.

That said, there are certain states mentioned below that permits surrogacy procedure in their jurisdiction upon the fulfillment of the required criterion.

States in USA that allows surrogacy with certain regulations in place

Arkansas

Arkansas manages the surrogacy laws in USA in a standard manner. According to the local surrogacy laws, if a woman is used as a surrogate, the biological father and his wife will be deemed as the legal parents, in case of a marital relationship. On the other hand, the intended parent will also be the legal parent in case of single parent surrogacy.

Florida

surrogacy laws in USA are governed differently in Florida. With a "voluntary mother," traditional surrogacy is known as a "preplanned adoption agreement" and calls for adoption after getting the approval from the court. Moreover, the most significant difference between them is that preplanned adoptions require court approval, the surrogate has around 48 hours after child’s birth to change her mind, and the intended parents do not need to be the child's biological parents.

In contrast, a gestational surrogacy contract requires the intended mother to demonstrate that she cannot safely support a pregnancy or deliver a child, the surrogate to agree to give up her rights to the child upon birth, with one of the potential parents to be genetically related to the child. That said, both sets of laws demand that the surrogate mother submit to a medical evaluation, make the surrogate the default parent in the event that an intended parent who was thought to be the child's biological parent is found to be unrelated, restrict the types of payment that can be accepted, demand that the surrogate be at least 18 years old, and demand that the intended parents consent to accepting any child born, regardless of any disabilities the child may have.

Illinois

As per the surrogacy contract, Illinois protects married couples as well as singles and unmarried couples. Moreover, at least one of the potential parents should be biologically connected to the child, and the surrogate may not provide her own eggs.

Besides, a valid agreement states that the intended parents are legally responsible for their child from the moment of birth, and that the relationship between the child and the intended parents is established even before the former’s birth (the only state to allow this). Moreover, within a year of the child's birth, a person has the right to challenge the agreed contractual terms. Besides, both the intended parents and the surrogate must go through assessments and independent legal advice. On the other hand, a court must use evidence of the parties' intentions to determine parentage if the legal requirements are not met.

Nevada

In Nevada, married couples are permitted to sign a surrogate contract for "assisted conception." Moreover, the statute covers gestational surrogacy in USA in case where both the intended parents have provided gametes based on how that phrase is defined. Besides, payment is only allowed for birth-related living and medical costs.

New Hampshire

In New Hampshire, surrogacy agreements are governed by a comprehensive legal framework. Moreover, the IPs must be married, and gametes must be provided by at least one of them. After the baby is born, the surrogate has 72 hours to decide whether she wants to keep the child or not.

Moreover, the intended mother must be physically unable to bear a child, the intended mother's eggs must come from the intended mother or the surrogate (no donor eggs), the surrogate must have delivered successfully in the past, and genetic counseling is necessary if the surrogate has a genetic condition.

Additionally, the arrangement must be legally preauthorized and medical costs, lost wages insurance, court costs, and home studies are the only cost allowed. On the other hand, surrogacy contract setup fees are not allowed. Additionally, there are clauses describing what will happen if the surrogacy contract is broken or terminated.

Texas

The law of Texas is based on Part 8 of the 2002 Uniform Parentage Act. A gestational agreement needs to be court-approved and the surrogate mother is not permitted to use her own eggs. Besides, she must have given birth to a child at least once before.

Moreover, throughout the pregnancy, she retains control over all actions involving her health. Also, the intended mother should demonstrate that she is incapable of carrying the pregnancy to term or giving birth. That said, the intended parents need to be married and have a home inspection done. Besides, either the intended parents or the gestational mother must have lived in the country for at least 90 days. The other provisions of Texas's Uniform Parentage Act will be used to determine parentage in the absence of a valid agreement.

In case of surrogacy for HIV in USA, every party needs to ensure that they are not passing any infection or likewise threat to the future child. Moreover, they need to clear through the required tests and diagnosis.

Utah

The law of Utah is based on Part 8 of the 2002 Uniform Parentage Act. Moreover, court approval is required for any gestational surrogacy contract. Besides, there must have been at least one previous pregnancy and delivery for the gestational surrogate. Throughout the pregnancy, she retains control over all actions involving her health and she is not allowed to use her own eggs for the conception process.

Additionally, the potential mother must demonstrate that she is incapable of carrying the pregnancy to term or giving birth. Also, gametes must come from at least one intended parent and the husband's sperm cannot be used if the surrogate mother in USA is married.

·         The intended parents should be married and have a home inspection done.

·         Each party involved should be at least 21 years old and attend counseling.

·         Either the intended parents or the gestational mother must have lived in the country for at least 90 days.

·         When she signs the contract, the gestational surrogate might not be eligible for Medicaid or other government assistance.

·         Although it is permitted, payment to the surrogate mother in USA must be "reasonable."

·         Invalidated agreements are not enforceable in the eyes of law, and parental rights will be decided in accordance with the other provisions of Utah's Uniform Parentage Act.

Virginia

In Virginia, a court must first approve a surrogacy contract and the potential parents will be deemed as the legal parents once the contract is accepted. Moreover, if the agreement is canceled, the intended parents will only be able to become legal guardians through adoption, and the surrogate and her spouse, if any, will be referred to as the child's parents.

On the other hand, the surrogate may file a consent form giving up parental rights if the surrogacy contract doesn’t get approved. But if she doesn't, the child's parental rights will depend on whether any of the potential parents is genetically connected with the born child.

Final words

If you are concerned regarding ‘ is surrogacy legal in USA’ kindly go through the abovementioned facts and information. For more details, we would advise you to connect with a legal professional or a renowned surrogacy agency in USA.