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Where Surrogacy Is Legal In The USA

Breaking the Silence

As surrogacy becomes more widely accepted with each passing day, different states in the country continue to embrace the journey in their own way.

It’s important to point out that surrogacy laws do differ from state to state.

Various states in the nation have laws which permit surrogacy, while others prohibit it. As intended parents do their own due diligence, partnering with an attorney who specializes in assisted reproduction is highly advisable because of their expertise in helping ensure a smooth process.

California, Connecticut, Delaware, Nevada, New Hampshire, and Rhode Island are considered the “Golden States” for their permissive laws. They are the most progressive states which allow intended parents the right to hire a woman as a surrogate to carry their baby. With the proper legal paperwork in place, the scales of justice tilt toward these intended parents in relation to the parentage process and intent to parent. As well, the surrogate is released from any parental obligations and the names of the intended parents are on the birth certificate when their baby is born.

These states have attracted intended parents not only in the nation, but around the globe.

In the same breath, the following states allow surrogacy but may pose parentage limitations due to genetics to the baby, sexual orientation and even marital status. With the assistance of a savvy attorney surrogacy plans can still motor forward with the following states:

• Arkansas
• Florida
• Iowa
• Illinois
• Massachusetts
• Maine
• North Dakota
• Tennessee
• Texas
• Utah
• Virginia
• Wisconsin

And in states such as Maryland, New Mexico, Pennsylvania, Wyoming, and West Virginia, case laws and statutes permit surrogacy; however, they vary according to conditions and legal venues.

Moving on, other states in the country which allow surrogacy do so because there are no case laws or statutes to lean on. A third party reproductive attorney will quickly recognize any caveats and swiftly deal with them.

Coined the “vacuum states,” these are Colorado, Georgia, and Kentucky.

The remainder of these vacuum states will award parentage or post birth parentage but with certain restrictions based on genetics to the baby, marital status and/or sexual orientation. Once again, an attorney can address any issues and navigate intended parents in the right direction.

This lengthy list of states includes:

• Alaska
• Alabama
• Hawaii
• Idaho
• Kansas
• Louisiana
• Minnesota
• Missouri
• Mississippi
• Montana
• North Carolina
• Ohio
• Oklahoma
• Oregon
• South Carolina
• South Dakota
• Vermont

Infertility affects so many couples and individuals around the world. And surrogacy is becoming a journey that many are embarking on to build their families, including gay individuals and couples. It’s estimated that more than 2,000 babies will be born via surrogacy in the United States during 2015 so it’s vital to understand the laws for each state.

With that said, surrogacy can be viewed upon as a politically charged topic. In this light, here are the states where surrogacy contracts may be unsanctioned and right of parentage for intended parents uncertain. These states are Arizona, Indiana, Louisiana, and Nebraska.

And lastly, here are the states where surrogacy is not legal at this time:

• Washington DC
• Michigan
• New Jersey
• New York
• Washington

The legal landscapes regarding parentage laws across the nation are in flux so partnering with an attorney and reputable surrogate agency is an optimal solution for protection and smooth journey toward parenthood.

The information contained on this website should not be relied upon for decision making.  The laws related to surrogacy are constantly evolving and Extraordinary Conceptions makes no representation that any information contained herein is consistent with current  law. This information is provided solely as starting point.  Please consult with a reproductive attorney for the most current information applicable to your circumstance.