Surrogacy in the United States

Surrogacy is a way for many people to become biological parents who would otherwise be unable. It can be a rewarding experience for both the surrogate and the intended parent(s) under the right conditions. One thing to consider when choosing to pursue surrogacy should be the law applicable in the location where the surrogacy is to take place.  Surrogacy law is continually expanding and changing. The United States is the leader when it comes to having supportive legal conditions to pursue family-building through surrogacy. Additionally, the IVF clinics in the United States are among the best in the world. US Surrogacy works with many law firms around the country that specialize in family law including surrogacy. It is important to have a legal representation that is familiar with the laws in the state in which the surrogacy will take place.

Even with surrogacy being one of the only options for intended parents to have the child they hoped for, it is still illegal in many countries. France, Italy, Germany, Spain, and Portugal, along with a few other countries, prohibit all forms of surrogacy. Meanwhile, pursuing surrogacy in the United States, you don’t have to fear adverse legal action to have your dream family. Most states in the United States either have no laws forbidding surrogacy or are supportive of surrogacy. Of course, there are exclusions, as  all states are not the same.  Some are “surrogacy friendly” while others have deemed surrogacy to be illegal. It varies significantly throughout the country.  For instance, Washington state has recently passed a law allowing compensated surrogacy. Laws in the District of Columbia have also changed recently to be more surrogacy friendly.  At US Surrogacy  we will help you work with only surrogate friendly states and make sure that you are legally protected through the process.

Here in the United States more states are becoming surrogacy friendly. In 2017 the District of Columbia changed its laws regarding surrogacy. In 2018, New Jersey passed a law allowing compensated surrogacy. January 1, 2019 will mark the beginning of the legality of compensated surrogacy in Washington State. There is hope that laws around the world will become more favorable to the surrogacy process. The UK has a three-year legislative committee looking into changing the laws throughout the UK. Until changes are made to legislation around the world, the United States remains the best place to pursue assisted reproduction including surrogacy.
Some countries – including Belgium, the United Kingdom, and Denmark —openly allow surrogacy, but prohibit any paid surrogacy arrangements. This only complicates matters. First, most intended parents want to reward and compensate a woman willing to offer her time and energy to help them. Second, a complete ban on compensation limits intended parents’ ability to find someone willing to be their surrogate. On the other hand, a majority of states in the United States have no issues with compensating a surrogate.
Several states in the U.S.A., including Oregon, Colorado, and California, permit the parties to a surrogacy arrangement to petition a local court to recognize the intended parents as the legal parents of the child  even before the child is born. This pre-birth order process gives parents confidence that they are already recognized as their child’s parents when he or she is born. Other countries and jurisdictions, may require the intended parents to go through a full adoption process to adopt their own child.

In addition to the legal advantages of surrogacy in the United States, there are also medical reasons. Doctors and clinics within the US continue to be the leader in improving the processes related to infertility treatments including IVF and surrogacy. In countries outside the US where statistics are reported, pregnancies resulting from embryo transfers (using donor eggs) range from 55% to 75%. In the United States, that rate is 85%. For more information on clinic success rates in the US follow this link to CDC  information which requires all clinics to report their statistics regarding assisted reproduction.

So, as well as getting to see the Golden Gate Bridge or visiting Yellowstone National Park, you can plan your surrogacy journey for the United States and take advantage of our top-notch clinics and maintain maximum legal protection for you, your surrogate, and your baby.


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