As of now, Surrogacy in the United States isn’t regulated by federal law. That means that each state can make its own set of rules and regulations in regards to a surrogate pregnancy and surrogacy journey. There are pros and cons to this.
With each state having such different laws that vary so widely, it’s important to take into careful consideration all of the elements before you choose where you want to have your journey. Things like location, pre-birth order laws and other “surrogacy friendly” elements will come into play.
But what should you be hoping for and where is the best place to host your incredible surrogacy journey? Have no fear, a guide to Surrogacy in the United States of America is here. With so many flocking here to have their children through IVF, you should have peace of mind that you’re at least in the right country, if not the right state.
The Most Friendly U.S. Faces
Arkansas has come through in recent years as a very friendly state for a surrogate pregnancy. In 2017, the courts in Arkansas made a ruling that was friendly for both gay and straight parents who need to use surrogacy to have their child. However, same-sex couples do need to be married.
California has been the front-runner for surrogacy journeys for many years. There have been many court cases that have supported couples utilizing a surrogate pregnancy. They are also especially great because of their pre-birth order laws and agreements.
Delaware has great laws that support surrogacy agreements and pre-birth orders as well. District of Columbia upholds surrogate pregnancy agreements by statute. Illinois is another great state to have a child via surrogacy as well. Maine, Nevada, and New Hampshire all have great things about their latest laws regarding surrogacy.
The Least Friendly Place for a Surrogate Pregnancy
Arizona basically forbids surrogacy agreements. Hawaii isn’t supportive and they don’t offer pre-birth orders. Idaho is improving, but still has a long way to go. Indiana won’t uphold any contracts regarding surrogacy.
Also, you can’t judge a state by its color! Just because New York is liberal and blue, doesn’t mean that surrogacy is legal there. Utah however, is perhaps one of the worst places to carry out your surrogate pregnancy, especially if you’re a gay couple.
Michigan, Missouri and Nebraska all have a long way to go in terms of laws to support surrogacy.
Pre-Birth Order and Post-Birth Order
So, what’s the difference? A Declaration of Parentage is a court order that can be applied for in the third trimester. This will inform how the hospital should put the name of the Intended Parents on the birth certificate. States that uphold a pre-birth order won’t put the Surrogate’s name on the certificate.
The Post-Birth Order
Those states that don’t uphold pre-birth orders support post-birth orders instead. This is an order that will determine the parentage of a baby based on whatever arrangement was made in the surrogacy contract. However, this type of order is given after the babies are born.
The problem with post-birth orders is that they give a Surrogate the opportunity to contest the order and potentially make a claim for her own parental rights. This is extremely rare, as surrogates sign up for the process wanting to help a family altruistically and are more than happy to deliver the children on behalf of Intended Parents.
When it comes to choosing where to host your surrogate pregnancy, consider what will be the best options for you in regards to travel, surrogacy friendly laws, and a pre-birth order.
The good news? Your journey can be tailored to fit all of your needs in. When you’re ready for an incredible surrogate and experienced professionals who can make your journey a seamless process, contact us today.