Surrogacy agreements are not legal all across the United States. Laws governing surrogacy vary widely from state to state.
Among the states considered to be “surrogacy-friendly” are those whose laws permit both compensated and uncompensated surrogacy agreements, regardless of the intended parents’ sexual orientation or marital status. In these states it is relatively easy for the surrogate to relinquish her parental rights, which instead will be granted to the intended parents with no need for post-birth legal actions.
The following states are considered to be surrogacy-friendly:
On the other end of the spectrum, there are some states with laws specifically prohibiting or criminalizing all or part of surrogacy contracts. Some of them prohibit compensated surrogacy, while others have specific provisions in their laws that dictate who can participate in surrogacy agreements. In those states, intended parents could face fines or even criminal penalties if they enter into any kind of surrogacy arrangement that goes against the laws.
The following states are considered to be not surrogacy-friendly:
Other states that have not been mentioned fall in a gray area. They must be evaluated on a case-by-case basis as their laws are neither favorable nor unfavorable to surrogacy arrangements. The legal process may be complex and most of the time shaped by the individual circumstances of the case. Intended parents considering surrogacy should review the legality of the procedure in the state where they want it to take place. Having adequate legal representation is highly recommended to guarantee the protection of both the surrogate and intended parents’ interests throughout the process.