Major Differences in Surrogacy by State
If you’re thinking about surrogacy, it’s important to research the laws in your state. Make sure that it’s a viable option for you and those for whom you’re carrying the baby. Here are some of the states and the laws that govern how surrogacy is viewed in those states.
California allows surrogacy and has no laws preventing the parents’ names from being included on the birth certificate. Other states that are supportive of surrogacy are Nevada, Maryland, Minnesota, New Hampshire, Ohio, Texas, Connecticut, Colorado and Utah.
Florida is one of several states that only allow surrogacy for married couples. Some of the other states with this same regulation are New Hampshire, Tennessee, Texas, and Virginia.
Illinois is fully supportive of gestational surrogacy. If a surrogate mother delivers in this state, both Intended Parents’ names are placed on the birth certificate.
In Kansas, contracts between a surrogate and the intended parents can be difficult to enforce. This is also true in Michigan. If you live in one of these states, it may be difficult to make sure that everything works out even after the contract is drawn and signed. CSP does not accept surrogate mothers from the state of Michigan.
Nebraska is one of several states where compensated contracts are prohibited. Surrogacy is allowed and there should be few issues getting the birth parents’ names on the birth certificate, but there can’t be a financial exchange with the surrogate. Other states with similar laws include New Jersey, New Mexico, Louisiana, Nevada, Oregon, and Washington.
The laws are always changing, so it’s important to stay up-to-date with information. The Center for Surrogate Parenting has a successful history of helping intended parents create their families through surrogacy. To find out about specific state laws regarding surrogacy in various states, we recommend contacting a qualified assisted reproduction attorney. CSP is associated with leading legal professionals in the surrogacy field.