Surrogacy Laws

States that allow or prohibit such agreements are listed below:

By Kai Wade, Director of Communications & Social MediaLast modified: January 20, 2012

Surrogacy Laws

Whether or not a Surrogacy agreement will pass the courts of law depends on the State by State laws and International Laws.

Most US states have wavering or unclear laws regarding Surrogacy Agreements as well as court rulings on individual cases.

States that allow or prohibit such agreements:

Permitted - Six states allow individuals and couples to enter into surrogacy contracts: Arkansas, California, Illinois (gestational surrogacy only), Massachusetts, New Jersey (uncompensated surrogacy agreements only) and Washington (uncompensated surrogacy agreements only).

Prohibited - The District of Columbia and 11 states prohibit surrogacy agreements in all or some instances. The District of Columbia and Florida prohibit surrogacy for all unmarried couples; Indiana and Louisiana prohibit traditional surrogacy; Michigan and Nebraska prohibit compensated surrogacy agreements; Nevada prohibits surrogacy for all unmarried couples; New York, North Dakota and Texas prohibit surrogacy for all unmarried couples; and Utah and Virginia prohibit surrogacy for all unmarried couples.

The open laws of International Surrogacy are a driving force behind many Surrogacy arrangements abroad. India has become an increasingly popular destination for parents seeking an international surrogate. Surrogacy in India is amenably allowed and inexpensive.

Surrogacy in the Ukraine is also becoming a popular destination for parents seeking an international surrogate due to the ease and comfort of the Ukrainian laws.

Each country has different laws regarding what is allowed or forbidden in regards to surrogacy and should be closely researched.

Surrogacy affords couples and individuals technological advanced options that continue to expand and with this brings unique legal implications that are frequently changing. It is imperative for Intended Parents and Surrogate Mothers to have clear cut answers to any legal questions that may arise along their journey.

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