Know Legal States of America to do Gestational Surrogacy
In every case where surrogacy is let but there is neither an act nor a ruling from the state’s highest court governing the process, the question of pre-birth orders will be settled on a county by county and even on a judge by judge basis. This really makes problems to the issuance of birth certificates in the name(s) of the intended parent(s) and not the name of the surrogate and, if she is married, her husband.
Here, to know Legal States of USA, keep an eye on the survey of State Surrogacy Law. However, as a general rule, unless there is a clear civil or criminal exclusion against such arrangements, an experienced Assisted Reproductive Law Attorney could offer a creative explanation to your desire to take action as a surrogate, or cover your name be listed on a birth certificate as the Intended and Legal Parent. Here is given a few of names to the States Law in America that affirms you have Gestational Surrogacy such as:
Alabama Surrogacy Law: Alabama law does not address surrogacy directly, but at least one court has recognized the parental rights of non-biological participants in a surrogacy arrangement in a best interest of the child analysis.
Alaska Surrogacy Law: There is no condition on surrogacy in Alaska state law. So, the legal status of surrogacy agreements in Alaska is indistinct.
Arizona Surrogacy Law: Arizona law is indistinct on the issue of surrogacy agreements as the constitutionality of statutory language excluding surrogacy arrangements has been brought into question by an appellate court.
California Surrogacy Law: There is no statutory provision on surrogacy in California state law, but it is allowed as courts have constantly endorsed both traditional and gestational surrogacy arrangements. Unlike some states, California obviously observes the intention of the contracting parties to establish the nature and status of a surrogacy contract. Also California is liberal enough to endorse surrogacy arrangements in the context of a domestic partnership.
Colorado Surrogacy Law: There are no provisions in Colorado law or the published cases taking care of the issue of surrogacy.
Connecticut Surrogacy Law: While Connecticut statutes are silent with regard to surrogacy agreements, but such agreements have been given a ruling and parenting arrangements reflected by those agreements have been upheld.
Delaware Surrogacy Law: There is no provision on surrogacy in Delaware state law, but it seems to be excluded as a lower court held that a “Contractual agreement to end parental rights … is beside the public policy of this State and may not be enforced by the Court.”
Florida Surrogacy Law: Florida statutes permit surrogacy agreements for married couples only so long as certain stated conditions are met. Egg or Sperm donation agreements are not as strictly excluded.
Georgia Surrogacy Law: There are no provisions in Georgia law or reported cases dealing with the issue of surrogacy.
Hawaii Surrogacy Law: There are no provisions in Hawaii law or published cases dealing with the issue of surrogacy.
Idaho Surrogacy Law: There is no provision on surrogacy in Idaho state law, but it seems to be allowed.
Illinois Surrogacy Law: Illinois law offers for gestational surrogacy with certain specific requirements, but does not address traditional surrogacy.
Indiana Surrogacy Law: Indiana law asserts surrogacy contracts unenforceable as against public policy.
Iowa Surrogacy Law: Iowa has no laws that expressly address the enforceability of surrogacy contracts, however a prohibition against the purchase or sale of an individual expressly affirms that it does not become relevant to surrogate mother arrangements.
Kansas Surrogacy Law: Kansas has no laws concerning surrogacy, but two attorney general opinions point to that surrogate parenting agreements are unenforceable in the state.
Kentucky Surrogacy Law: There is no statutory provision in Kentucky directly addressing the validity of surrogacy agreements, but an attorney general opinion and case law point out the uncompensated agreements may be permissible.
LawLouisiana Surrogacy : Louisiana law holds any traditional surrogacy contract void and unenforceable as against public policy, but does not deal with uncompensated agreements or gestational surrogacy arrangements.
Maine Surrogacy Law: There are no provisions in Maine law or reported cases dealing with the issue of surrogacy.
Massachusetts Surrogacy Law: Massachusetts State courts have usually treated surrogacy contracts well. Because the best of interests of the child is part of the final purpose, a judge could definitely discover that a single parent household to be the best environment for the child of the surrogacy.
New Hampshire Surrogacy Law: New Hampshire law lets surrogacy agreements for married couples only and seems to exclude GLBT individuals and couples from entering into surrogacy agreements.
Oregon Surrogacy Law: Oregon law lets surrogacy agreements. Oregon law lets only uncompensated surrogacy arrangements as the statute making legal “buying or selling a person” has an open exemption for “fees for services in an adoption pursuant to a surrogacy agreement.”
Rhode Island Surrogacy Law: There is no condition on surrogacy in Rhode Island state law, but it seems to be permitted as a prohibition on cloning has an open exception for the assisted reproductive technologies used in gestational surrogacy.
South Carolina Surrogacy Law: South Carolina state law is indistinct on surrogacy; however case law points an acceptance of surrogacy contracts, when they entail married, heterosexual couples.
South Dakota Surrogacy Law: There are no provisions in South Dakota law or published cases dealing with the issue of surrogacy.
Tennessee Surrogacy Law: Tennessee law lets surrogacy agreements for the married couples only and that a surrogacy agreement is in place, there is no need for a formal adoption proceeding.
Texas Surrogacy Law:Texas law lets surrogacy agreements for the married couples only and a surrogacy contract has to be validated by the Court.
Vermont Surrogacy Law: There is no provision on surrogacy in Vermont state law.
Washington Surrogacy Law: Washington permits uncompensated surrogacy arrangements. If contractual payments overtake medical and legal expenses, such an arrangement is considered illegal.
West Virginia Surrogacy Law: State law suggests that surrogacy arrangements are enforceable as statutes prohibiting the purchase or sale of a child specifically mention that “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother” are not prohibited.
Wisconsin Surrogacy Law: Wisconsin law does not directly deal with the legality of surrogacy contracts, but does state that the surrogate mother’s name is to be added to the birth certificate until “a court establishes parental rights,” at which time a new birth certificate with names of the intended parents may be issued.