Surrogacy Laws in USA: How to Take an Informed Decision?

The USA is a nation that facilitates surrogacy for everyone. So, whether you are looking for surrogacy for LGBT couples in USA or surrogacy for single men in the USA, you will always have a perfect alternative by your side. That said, you need to be very careful and cautious during your journey given the difference in surrogacy laws across various US states. Well, you need not worry much as here we bring you a detailed overview of laws related to surrogacy for singles in USA and other eligible couples and individuals.

American states that support surrogacy

California: Pre-birth orders and surrogacy agreements have both been upheld by judges in numerous cases.

Connecticut: Pre-birth orders are given to all intended parents, regardless of their marital status, whether they are single or not, and regardless of whether they are related to the child biologically or not.

Delaware: Pre-birth plans and surrogacy agreements are expressly permitted in Delaware.

District of Colombia: Commercial surrogacy agreements now have legal protection thanks to a 2017 law. So, you can proceed with surrogacy for singles in the USA without any legal issues.

Maine: As of 2016, pre-birth orders are permitted here, subject to certain restrictions.

New Hampshire: Pre-birth orders and surrogacy agreements will be honored if the intended parents and the surrogate adhere to certain guidelines.

New Jersey: In New Jersey, obtaining a pre-birth order is simple for intended parents who use their own or donor eggs and sperm.

Nevada: The law expressly supports pre-birth directives and surrogacy contracts.

Washington: The state legislature in Washington views gestational surrogacy as a “friendly” practice. The state permits married or unmarried couples, same-sex or heterosexual, to obtain a pre-birth order even if neither of the intended parents has a biological connection to the child. Hence, surrogacy for single men in the USA is a practical option here.

States that are “Partially Friendly” to Surrogacy in the United States

Alabama: Pre-birth orders are only available to married couples.

Alaska: Although there are no laws, the US courts have generally supported surrogacy treatment. In this state, pre-birth orders are not particularly encouraged.

Arkansas: A 2017 court ruling states that the law is applicable to married heterosexual and same-sex couples who agree to surrogacy.

Colorado: Although there are no laws governing surrogacy in this state, you can find supportive surrogacy legislation in the state

Florida: here, only married couples are eligible for gestational surrogacy treatment.

Georgia: Surrogacy is not specifically regulated in this state

Hawaii: Doesn’t permit pre-birth orders because there isn’t legislation that supports surrogacy

Illinois: Parents planning a pregnancy can obtain prenatal and postnatal orders as long as one parent is genetically related to the child.

Kansas: Although there is no law governing surrogacy treatment here, the courts and surrogacy agency in USA can help you during your surrogacy journey. Case-specific prenatal orders are available.

Kentucky: Although there are no surrogacy laws, the courts will come in support of the intended parents. Moreover, you have the right to ask for a prenatal order if you’re married.

Maryland: Intended parents may obtain pre- and post-birth orders, but because there is no surrogacy law enforcing surrogacy contracts at this time, the court must decide whether to grant parentage orders. In most circumstances, a pre-birth order can be obtained without any legal issues.

Massachusetts: There are no surrogacy laws, but the intended parents can expect some good support from the jurisdiction.

Minnesota: There are no surrogacy laws, but the intended parents may expect some good support from the legislation.

Missouri: Despite the state’s ban on pre-birth orders, Missouri’s post-birth order system functions well. Regardless of whether they are married or not, people can obtain a post-birth order even if neither of the intended parents has a genetic connection to the child (same-sex or heterosexual).

Mississippi: There are no surrogacy laws, but the court may grant per-birth orders depending on the situation.

Carolina: In North Carolina, gestational surrogacy is neither permitted nor prohibited, so the processes and judicial decisions differ greatly from jurisdiction to jurisdiction. Besides, Pre-birth orders can be obtained by married intentional parents, but due to state law’s ambiguity, unmarried couples may have issues.

North Dakota: Given that one of the intended parents is the child’s biological parent, they continue to serve as the child’s legal guardians.

North Mexico: There are no surrogacy laws, but the intended parents may expect the legislation to come in their support.

Ohio: Getting a pre-birth order for one’s unborn child is possible without going through the courts in Ohio.

Oklahoma: Surrogacy is categorized as “Partially Friendly” in Oklahoma. Despite state legislation permitting married intended parents, straight or same-sex, to pursue gestational surrogacy, unmarried couples in Oklahoma are unable to obtain a pre-birth order with both of their names on it. Moreover, people opted for surrogacy for singles in USA are eligible to request a pre-birth order even if they are not genetically related to the child.

Oregon: The courts may grant pre-birth orders when at least one parent is genetically related to the child.

Oregon, Rhode Island: There are no surrogacy laws, but the intended parents may anticipate supportive legislation.

Pennsylvania: Despite the lack of definitive case law or legislative guidance, the Pennsylvania Superior Court has overturned lower court judgments that denied intended parents’ rights and surrogacy contracts. In the absence of legislation, parental orders are not always available throughout the state.

South Carolina: There are no surrogacy laws, but the intended parents may expect some legislative support.

South Dakota: There are no surrogacy laws, but the intended parents may expect the court’s support them.

Texas: Only heterosexual couples who are legally wed are allowed to sign gestational surrogacy contracts with the presence of a surrogacy agency in USA.

Utah: In Utah, only heterosexual, legally wed couples are permitted to enter into gestational surrogacy contracts, and even then, only if a court review confirms the contract’s validity after the baby is born.

Wisconsin: Post-birth orders are always required to establish legal parentage after the birth, although pre-birth orders may receive court support.

North Carolina: Pre-birth orders may be used by heterosexual couples who are legally married.

Regardless of what state you are pursuing surrogacy in; always connect with a trusted surrogacy clinic in the USA. That way, you can ensure the right care and guidance all along your journey in the country.