Without a doubt, there are many advantages of surrogacy in the United States, but high costs make it restrictive to many IPs.
We recommend surrogacy in the USA to most of the intended parents, but the ridiculously high surrogacy cost makes it out of reach for many would-be parents. Still, it goes without saying that the USA offers one of the safest and legally secure surrogacy destinations for those, who have enough financial resources to afford it. In this article, we will explore the advantage of surrogacy in the USA.
Is surrogacy legal in the US?
Surrogacy in the United States continues to be unregulated at the national level. Each state has its laws (or not at all). The individual state surrogacy laws vary widely even between states that are considered surrogacy friendly.
It is recommended to reach out to your local reproductive attorney to see how surrogacy laws are defined in your particular state.
Surrogacy Laws in the USA
The United States of America, the great agglomerate of states promotes and advocates surrogacy in its myriad forms.
Some states in the USA are pro-surrogacy and accept gestational surrogacy as a commercial and altruistic method of achieving parenthood for fertility seekers.
Some of the states are relatively less surrogacy friendly. These states’ legal laws permit gestational surrogacy but have restricted laws on the definitions of suitable legal parents. They have restricted views on homosexual parenthood or single parents.
California and Arkansas, however, are the two states that proudly lead the way in open acceptance of surrogacy including gay/LGBT/single parents surrogacy.
The laws regarding Assisted Reproductive Technology (ART) are continuously evolving, which is why it is important for IPs to seek advice from an experienced surrogacy agency to guide them through the legal process.
More topics to explore:
All your need to know about LGBT/Gay surrogacy?
Cheapest surrogacy country for gay couples
Top 4 cheapest surrogacy countries in the world
Surrogacy laws in California
While the state has no legal statutes that directly define its view on surrogacy, California state courts use the Uniform Parentage Act to interpret several cases of surrogacy agreements. The state accepts all forms of parenthood irrespective of the gender preferences of the individuals. Intended Parents who opt for surrogacy in California can avail pre-birth order wherein they are declared as legal parents of a child born to a surrogate within a specified time limit.
The required paperwork will be done by an attorney between the fourth and seventh months of the surrogate pregnancy. This order will ensure that all rulings are in favor of the Intended Parents and that the surrogate’s name is not put down on the birth certificate.
Surrogacy in New York
As per the latest news dated May 8, 2020, New Yorkers will now legally be able to arrange and carry out paid surrogacy contracts beginning on Feb. 15, 2021. The state’s paid surrogacy law includes the Surrogates‘ Bill of Rights, the strongest protection for surrogates in the nation: The surrogate must be at least 21 years old.
Read more here about surrogacy in New York
Florida Surrogacy Laws
Florida laws allow traditional as well as gestational surrogacy. But the state holds these laws only for married couples and since same-sex marriages are not legalized there, LGBT couples in Florida are not permitted legal rights in surrogacy.
Texas laws on surrogacy
Texas laws have been formed after Part 8 of the Uniform Parentage Act of 2002. The law defines a surrogate mother as just a carrier and prohibits her from using her own eggs for the pregnancy. She must have already delivered a baby prior to surrogacy. Intended Parents should be married and the intended mother must prove that she is unable to carry a child.
Illinois Surrogacy laws
The state is highly favorable for surrogacy by single parents as well as heterosexual couples. The state laws of Illinois do not consider homosexual parents yet.
Virginia surrogacy laws
Virginia accepts and provides legal parenting rights to Intended Parents on the authorization of a contract by the Virginia court. If the contract is not authorized by the court, the surrogate mother gets legal parenthood and the Intended Parents have to adopt from her in order to be recognized as legal parents. The state laws also prohibit compensations that extend beyond medical and ancillary costs.
Surrogacy laws in other states of the USA
Alaska has no laws regarding surrogacy but most court proceedings are in favor of proposed parents. The state equates surrogacy to adoption just like Colorado.
Arkansas has clear laws that accept surrogacy completely and define various parenthood scenarios.
Delaware, Indiana, Kentucky, Michigan, and Arizona are strict against surrogacy, considering it as against public policy. Georgia, Hawaii, Iowa, Kansas, Maryland, Massachusetts, Minnesota, Mississippi, and Idaho have no law governing surrogacy but the courts are generally favorable.
More resources on the legal parentage of the surrogacy baby:
Why legal process is important in gestational surrogacy?
Tips to reduce high surrogacy costs in the USA
What are the benefits of surrogacy?
What are the pros and cons of being a surrogate mother?
Advantages of surrogacy in the USA over other international surrogacy countries.
Here are a few advantages of surrogacy in the USA that would-be parents like to consider.
#1. State of art medical facility/IVF clinics with the best possible success rate
In the USA, IVF Clinics with unmatched medical equipment and trained professionals that have pioneered the science of in-vitro fertilization. The IVF clinics in the USA use complete ethical, reliable, and effective measures to ensure that each procedure in the treatment of infertility and artificial fertilization is carried out with utmost care. Each fertility clinic is bound by legal agreement and reporting of their data with utmost honesty.
#2. A network of Unparalleled support staff
The medical and non-medical staff in the USA are highly professional and trained experts in the field of surrogacy. The professionals working at the clinics ensure donors and surrogates are medically and mentally/emotionally fit for the same.
#3. Cost-Effective Surrogacy is possible if planned carefully
Without a doubt, surrogacy in the USA is not affordable to all intended parents. Therefore, many wishful parents travel to other countries for such services at more affordable rates.
But if planned carefully and enough research and homework are done, it is still manageable. The option like Indy surrogacy cut the cost as no surrogacy agency fee is involved. If you can find the surrogate mother within your family/friend circle, the surrogate mother’s compensation can be removed. There are few surrogacy agencies, which offer “ hybrid surrogacy programs” doing IVF in a nearby country like Mexico, and thus medical procedure fee is reduced and a US-based surrogate mother is used.
#4. Availability of surrogate mothers/egg donors
Surrogacy in the USA is generally accepted in both commercial and altruistic manners. This is why there is a high availability of surrogate mothers that are open to this concept and more accepting of different societies.
Surrogate mothers are accepted only after performing a complete check on their medical, physical, family, and financial backgrounds and have to be within the right age limits. Surrogates are checked for all the FDA-prescribed essential diseases that have to be screened prior to pregnancy. Their personal medical and family histories are also considered before registering them.
In addition to a safe pool of accepting surrogate mothers, a large number of egg donors are available who voluntarily help Intended Parents who need medical assistance for conceiving. Our experts in infertility perform all necessary medical tests for their health and perform a sample test before proceeding.
#5. The baby gets USA citizenship if needed.
For many intended parents having US citizenship for their baby is a dream. They will do anything in their reach to achieve this dream. Many rich Chinese couples opt for surrogacy in the US, due to good medical facilities but having US citizenship for the baby is more desirable for them.
#6. Legally most secure and organized country for the surrogacy process
Probably, surrogacy laws in the US ( state-wise though) and more strictly followed. Surrogacy agencies and reproductive attorneys make sure that they work within the legal framework and do not break any laws which can create issues for them later on. So, the right of intended parents and surrogate mothers are equally protected. Legal compliance is followed in all stages by all parties. Thus, making it a safe surrogacy country to work with.
Conclusion
If you have tons of money and wish to have a legally secure surrogacy process, then the USA is best. The surrogacy contracts are most organized and strictly followed and are best, especially for gay couples.
But if you have financial limitations, then opt out of international surrogacy countries where surrogacy is cheap yet legally secure. For hetero couples, we do recommend doing, surrogacy in Georgia and surrogacy in Ukraine.
If you are a single male or gay couple, then opting for low-cost gay surrogacy in Colombia is recommended.
If you are looking for a surrogacy agency in the USA or outside the USA, we can help you. Once Intended Parents wish to become a parent via surrogacy, make sure that you are in good hands.
