Surrogacy in USA: Know these facts before proceeding with your surrogacy journey!

 Surrogacy in USA is highly sought after by most of the intended parents across the globe. That said, most of these IPs look forward to the state of the art medical facilities and expertise provided by the various facilities in the country.

Besides, the surrogacy laws in USA are quite supportive and permit everyone irrespective of their gender, sex or ethnicity to pursue a surrogacy program in the country.

Types of surrogacy options available in USA

Gestational Surrogacy in USA

Gestational surrogacy, where the child is not biologically connected to the surrogate, is the most popular type of surrogacy in the country. In this kind of surrogacy, the biological mother's egg and the future father's sperm are used to create an embryo. Besides, the services of an egg donor may be pursued depending upon the requirement. Moreover, the surrogate mother in USA will then have this embryo implanted into her uterus.

Traditional Surrogacy in USA

In traditional surrogacy, the intended father's sperm is used to fertilize the surrogate's egg. Moreover, the surrogate carries the baby in her womb and gives it to the intended parents to care for after its birth. On the other side, the baby born through traditional surrogacy has a biological connection to the surrogate mother.

Why one may opt for surrogacy in USA?

Surrogacy has helped thousands of would-be parents in overcoming fertility issues so they can grow their families as per their requirements. Moreover, one may opt for surrogacy for the following reasons:

Limited IVF success rate: Surrogacy offers you and your family a different option if you and your partner have had trouble getting pregnant using IVF or ART.

Illnesses or medical conditions that affect the uterus's health: Some people may not be able to carry a pregnancy all the way to term due to a variety of uterine problems. Medical conditions include septate uterus, uterine fibroids, abnormal uterine shape, and uterine scars from a certain injury or infection, among others.

Previous operations or hysterectomy: Surrogacy can help you realize your parenthood dreams if your uterus was removed for personal or medical reasons.

Conditions that either increase the risk of pregnancy or prevent it: Obesity, diabetes, blood or heart disorders, maternal age, or specific STDs are some conditions that may result in a high-risk pregnancy.

Same-sex relationships (mostly involving men and an egg donor): Same-sex couples now have the option to start their own family through surrogacy agency in USA

Cases with unexplainable infertility: If the intended couples have tried natural conception for 12 cycles and/or have tried IVF without success, surrogacy gives them another family-building option.

Age of the mother: Pregnancy complications become more likely after the age of 35. Hence, these patients now have the chance to have the child of their dreams thanks to surrogacy.

Surrogacy laws in USA: State by state analysis

The most favorable states for surrogacy 

California: California is undoubtedly the best state for surrogacy via surrogacy agency in USA. That said, there are particular procedures that must be followed before the child is born in order to determine the parentage. There are, however, a few important restrictions: The surrogacy agreement must be signed before the surrogate starts taking any medications or undergoing any related medical procedures, and the future parents and surrogate must both retain separate attorneys to check on the laws and surrogacy cost in USA.

Connecticut: Just like California, Connecticut permits and upholds surrogacy. Most of the time, the Intended Parents could get their name listed on the birth certificate right after the baby was born without having to go through the adoption process.

Delaware: As long as the surrogate has no genetic connection to the child, Delaware law permits the Intended Parents to be clearly identified as the child's legal parents before birth. This mostly protects the rights of every party involved as well as their right to make decisions regarding their health from the moment of birth.

Nevada: Nevada found a significant update in their surrogacy laws in 2013 to address some of the numerous problems with the previous version. The new laws allowed people to become intended parents regardless of their marital status, gender, or sexual orientation. Besides, Nevada is very surrogacy-friendly because of the new law's legal protections for recipients of donated eggs, sperm, and embryos.

Colorado: Despite the absence of a formal surrogacy law in this state, intended parents and surrogate mother in USA who wish to take part in a surrogacy agreement will find some genuine support from the local courts.

Georgia: Similar to Colorado, there are no laws that generally regulate the surrogacy agreements in the state. The courts do, however, frequently uphold these contracts with a variety of Intended Parents.

Oregon: Oregon law makes it simple to modify a birth certificate post birth of the child. Moreover, the intended parents' names can easily be added to the birth certificate after the surrogate's name is initially entered by the hospital.

Washington: On January 1st, 2019, surrogacy in Washington was finally made legal and the intended parents must take care for the cost of surrogacy in USA. Besides, surrogacy contracts are now enforceable in court thanks to the new law. In addition, pre-birth parentage orders are available to intended parents.

The Most unfavorable states for surrogacy in USA

Louisiana: According to Louisiana law, married heterosexual couples may only use their own eggs or sperm in a surrogacy arrangement. Although they occasionally issue pre-birth orders, it is still not advised to move forward with a surrogacy agreement in this state.

New York: Contracts involving paid surrogacy cycles are regarded as void and unenforceable in New York. Moreover, such surrogacy agreements are even subject to significant fines at IVF clinics.

Michigan: Paid surrogacy cycles are expressly forbidden by Michigan law, making them illegal. Besides, Pre-birth orders may be granted in some circumstances, provided that no payment has been made to the surrogate mother in USA.

Final words

Given the fact that surrogacy laws in the USA vary greatly depending on where a gestational surrogate lives, it is crucial to take this into account while taking a step forward. Besides, the best person to give you advice on the most recent US surrogacy laws by state is an attorney who specializes in reproductive law.