Surrogacy Laws in The United States

Surrogacy Laws in The United States

What is Surrogacy?

Surrogacy means one woman – referred to as the ‘mother’ – having sex or therapy to get pregnant for that purpose of another woman. Regulations say which the mother, whether my wife giving birth towards the child by natural means or using artificial methods, continues to be the natural birth mother and thus has parental responsibility.

Important Note: The resolution of parenting rights is made using a case-by-case basis. Should you be facing a parenting contest or have decided you’re learning to be a parent, you must meet with a lawyer licensed in your state and acquainted with the laws regarding surrogacy.

Surrogacy Law By State

Alabama Surrogacy Law: Alabama law isn’t going to address surrogacy directly, but at least one court has acknowledged the parental rights of non-biological participants in a surrogacy arrangement. The issue of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals has not yet been considered through the courts.

Alaska Surrogacy Law: The Alaska surrogacy law statutes are silent regarding surrogacy agreements, along with the only reported state court case that discussed the matter was decided on unrelated grounds. The situation of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals has not yet been considered from the courts.

Arizona Surrogacy Law: Arizona surrogacy law prohibits both traditional surrogacy agreements (where the surrogate mother would be the biological contributor with the egg) and gestational surrogacy agreements (where the surrogate mother is not the biological contributor with the egg).

Still, a part of that statute has been ruled unconstitutional by a court of appeals. The courts have not yet considered the challenge of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals.

Arkansas Surrogacy Law: Arkansas law provides for surrogacy contracts. However, it is unclear how courts would apply the law to surrogacy situations involving lesbian, gay, bisexual, and transgender (LGBT) individuals and couples.

California Surrogacy Law: California is open to surrogacy agreements and is likely to uphold agreements including lesbian, gay, bisexual, and transgender (LGBT) individuals. While the state doesn’t have any statute directly addressing surrogacy, California’s courts have used their state’s Uniform Parentage Act to interpret several cases concerning surrogacy agreements. Mostly the most critical cases in the united kingdom regarding surrogacy rights (Johnson v. Calvert) were decided in California.

Colorado Surrogacy Law: There aren’t any Colorado statutes that deal directly with all the issue of surrogacy. The challenge of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals has not yet been considered from the courts.

Connecticut Surrogacy Law: Surrogacy law in Connecticut is uncertain but favorable. The statutes are silent about surrogacy agreements, but various cases have looked favorably on such contracts, including in a situation concerning a same-sex couple.

D.C. Surrogacy Law: All surrogacy agreements, whatever the sexual orientation of the individuals involved, are prohibited by law inside the District of Columbia.

Delaware Surrogacy Law: While Delaware statutes do not address surrogacy agreements, the ruling for at least one court shows that those agreements offend everyone’s policy of the state. The matter of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals hasn’t yet been considered through the courts.

Florida Surrogacy Law: Florida law explicitly allows both gestational surrogacy agreements (when the surrogate mother is not the biological contributor with the egg) and traditional surrogacy agreements (that surrogate mother could be the biological contributor in the egg). Still, neither can be found to same-sex couples.

Georgia Surrogacy Law: It can be unclear how Georgia law would treat a surrogacy agreement that features lesbian, gay, bisexual, or transgender (LGBT) individuals since there are no statutory provisions or published cases dealing with the challenge of surrogacy.

Hawaii Surrogacy Law: It is unclear how Hawaii surrogacy law would treat a surrogacy agreement that includes lesbian, gay, bisexual, or transgender (LGBT) individuals, and there are no statutory provisions or published cases working with the challenge of surrogacy.

Idaho Surrogacy Law: The Idaho surrogacy law statutes don’t address surrogacy agreements, but case law indicates such contracts may be enforceable within the state. The challenge of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals has not yet been considered from the courts.

Illinois Surrogacy Law: Illinois law allows gestational surrogacy agreements (in which the surrogate mother is not the biological contributor from the egg). Still, it isn’t going to address traditional surrogacy agreements (in which the surrogate mother could be the biological contributor of the egg). The courts have not yet considered the challenge of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals.

Indiana Surrogacy Law: Indiana law declares that every surrogacy contracts, whatever the sexual orientation of those involved, are against public policy and unenforceable.

Iowa Surrogacy Law: Iowa law usually implicitly accept surrogacy agreements, but no statute directly addresses the individual. The situation of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals has never yet been considered with the courts.

Kansas Surrogacy Law: It can be unclear how Kansas law would treat a surrogacy agreement that has lesbian, gay, bisexual, or transgender (LGBT) individuals since there are no statutes regarding surrogacy.

However, two attorney general opinions indicate that surrogate parenting agreements in the main are unenforceable from the state.

Kentucky Surrogacy Law: There’s no statutory provision in Kentucky directly addressing the validity of surrogacy agreements. Still, a Kentucky Top court case and legal counsel General opinion indicate that uncompensated arrangements can be permissible. The courts have not yet considered the challenge of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals.

Louisiana Surrogacy Law: Louisiana incorporates a statute that holds compensated traditional surrogacy agreements (that surrogate mother will be the biological contributor on the egg) void and unenforceable but doesn’t address uncompensated agreements or gestational surrogacy agreements (where the surrogate mother is not the biological contributor on the egg). The situation of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals has not yet been considered through the courts.

Maine Surrogacy Law: It’s unclear how Maine law would treat a surrogacy agreement that includes lesbian, gay, bisexual, or transgender (LGBT Parenting) individuals because there are no statutory provisions or published cases coping with the situation of surrogacy.

Maryland Surrogacy Law: While Maryland does not have a specific law that addresses surrogacy agreements, related laws might hold compensated agreements unenforceable. The problem of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals has not yet been considered through the courts.

Massachusetts Surrogacy Law: Massachusetts statutes are silently intended for surrogacy agreements. Still, various cases have looked favorably on such agreements, although no case has addressed the problem with regards to lesbian, gay, bisexual, and transgender (LGBT) individuals.

Michigan Surrogacy Law: All surrogacy agreements, whatever the sexual orientation of the people involved, are prohibited legally in Michigan.

Minnesota Surrogacy Law: It truly is unclear how Minnesota law treats surrogacy agreements as there are no statutory provisions or published cases managing the situation of surrogacy. However, it comes with an unpublished court opinion and anecdotal evidence suggesting legislation would look favorably on surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals.

Mississippi Surrogacy Law: It can be unclear how Mississippi law would treat a surrogacy agreement that includes lesbian, gay, bisexual, or transgender (LGBT) individuals, and there are no statutory provisions or published cases managing the situation of surrogacy.

However, the blatant discrimination of Mississippi’s adoption law, which states that “couples of the identical gender” might not precisely petition to consider children, suggests that legal requirements may not look favorably upon a surrogacy agreement involving LGBT individuals.

Missouri Surrogacy Law: Missouri law does not directly address surrogacy agreements; however, it is also possible likely in violation of the state’s “child trafficking” laws. The situation of surrogacy agreements involving lesbian, gay, bisexual, or transgender (LGBT) individuals hasn’t yet been considered because of the courts.

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