When it comes to having children via surrogacy, USA surrogacy comes as a perfect destination with all the state-of-the-art medical assistance and supportive legislation. Still, to make the most out of your surrogacy journey, you must always deal with the best surrogacy agency in USA.
At Miracle Baby Surrogacy, we work with individuals and couples from across the globe who wish to start a family through surrogacy. With our experts by your side, you can always stay assured of getting the most affordable, legal, and safer surrogacy in the USA.
What we will cover in this article:
- Why do International parents choose United States to have a surrogate child?
- How much Surrogacy cost in USA?
- Is surrogacy legal in USA?
- What is a Pre-Birth Order?
- What is Post-birth order?
- Surrogacy-friendly states in the United States
- States in the United States that are ‘Partially friendly’ for surrogacy
- States in the USA that are ‘Surrogacy friendly’ in particular circumstances
- States in the United States that do not support surrogacy
Why do International parents choose United States to have a surrogate child?
Surrogacy treatment in USA is generally regarded as the best in the world. Due to the highly supportive and beneficial legal, social, and medical standards in the United States, many international parents choose to have their children via commercial surrogacy in USA.
Still, before proceeding any further with your surrogacy plans in USA, you must go through all the related aspects mentioned below.
How much Surrogacy cost in USA?
Surrogacy treatment cost in USA depends on your unique situation, as well as the services you require. So, intended parents must enquire about the same before putting their first step forward. At Miracle baby surrogacy, we are committed to offer you the most affordable, yet ethical and legal surrogacy treatment in USA.
Surrogacy process in USA may cost more than those in other countries. This may be due to the higher medical cost and other related aspects. Yet, given to the quality and standard of surrogacy options in USA, the cost stays justified.
Right from your first interaction with our consultant till the birth of the baby, one of the representatives from our partner clinics will assist you in the entire interaction.
Is surrogacy legal in USA?
Surrogacy in the United States is still unrestricted by federal law, with state restrictions varying from state to state. While few states fully recognize surrogacy, others have imposed full or partial restrictions on it.
For example, in certain places, only heterosexual couples can seek surrogacy, whereas, in others, only married couples can be surrogate parents.
The Surrogacy Contract
Regardless of whether you are the intended parent or the surrogate mother, you have to sign a contract with the other party mentioning your role and responsibility (including the surrogate mother cost in USA and related aspects) during the entire interaction.
What is a Pre-Birth Order?
An order from the court, known as a Declaration of Parentage, is carried out during the third trimester of a woman's pregnancy. It mandates that the birth certificate should include the name of the intended parents. As indicated by surrogacy laws in USA, the surrogate’s name will never appear on a birth certificate in states that support pre-birth orders (unless directed to by the intended parents).
What is Post-birth order?
A post-birth order is the most prevalent alternative in places that do not allow pre-birth orders. When a baby is born, the judge issues an order determining the infant's parentage based on the surrogacy process in USA. However, in most states, the surrogate will be unable to contest the arrangement due to the strict terms of a well-executed surrogacy contract.
Parents-to-be should only look into surrogacy programs in states that are "surrogacy friendly," meaning they have a favorable legal framework supporting the practice. Just to make it easier for you, we have compiled the list of all of the states in the USA with their respective legislation for surrogacy in USA.
Surrogacy-friendly states in the United States
Contact Form
California:
Both surrogacy agreements and pre-birth orders have been sustained in numerous judicial decisions.
Connecticut:
All intended parents, regardless of whether they are married or unmarried, regardless of whether they have any biological connection to the kid or not, are given pre-birth orders.
Delaware:
Pre-birth orders and surrogacy agreements are explicitly supported by law.
District of Colombia
Statutory protection for commercial surrogacy agreements was established in 2017. As a result of ART procedures, the law defines parenthood in a different way.
Maine:
With some limitations, pre-birth orders are legal in this state as of 2016.
New Hampshire:
If the intended parents and the surrogate follow certain rules, the surrogacy agreements and pre-birth orders will be honored.
New Jersey
Intended parents who use their own or donor eggs and sperm can obtain a pre-birth order with ease in New Jersey.
Nevada:
Pre-birth orders and surrogacy agreements are explicitly supported by law.
Washington:
In Washington, gestational surrogacy is regarded as a "friendly" practice by the state's legislature. Even if neither of the intended parents has a biological tie to the child, the state allows married or unmarried couples, same-sex or heterosexual, to get a pre-birth order.
States in the United States that are ‘Partially friendly’ for surrogacy
Alabama:
Only married couples are eligible for pre-birth orders.
Alaska:
There are no statutes, but the courts have been largely supportive of surrogacy treatment in USA. Pre-birth orders are not specifically supported in this state.
Arkansas:
According to a 2017 court judgment, the law applies to both heterosexual and same-sex married couples who enter into surrogacy agreements. Marital relationship between same-sex couples is essential for surrogacy for same sex in USA.
Colorado:
There are no regulations related to surrogacy in USA, but the courts have been largely supportive.
Florida:
Only married couples can get into gestational surrogacy treatment in USA post the birth of the child born via surrogacy.
Georgia:
There are no specific regulation related to surrogacy in USA, but the courts have been largely supportive.
Hawaii:
Doesn’t allow pre-birth orders due to lack of a surrogacy supportive legislation
Illinois:
As long as one of the parents is genetically linked to the infant, intending parents can get pre-birth and post-birth orders.
Kansas:
There is no regulation related to surrogacy treatment in USA, but the courts have been largely supportive. Pre-birth orders are case specific.
Kentucky:
No surrogacy laws, but the courts have been largely supportive. If you're married, you have the right to request a prenatal order.
Maryland:
Pre-birth and post-birth orders can be obtained by intended parents, but there is currently no surrogacy law providing enforcement of surrogacy contracts, which means that the granting of parentage orders is up to the court. A pre-birth order can be obtained in most situations without legal complications.
Massachusetts:
No surrogacy regulations, but the intended parents may expect some support from the courts
Minnesota:
No surrogacy regulations, but the intended parents may expect some support from the courts
Missouri:
Missouri's post-birth order system works well despite the state's prohibition on pre-birth orders. People can get a post-birth order even if neither of the intended parents has a genetic tie to the kid, whether they are married or not (same-sex or heterosexual).
Mississippi:
No surrogacy regulations, but the intended parents may expect some support from the courts. Depending on the circumstances, per-birth orders may be obtained from the court
North Carolina
Gestational surrogacy is neither legal nor banned in North Carolina, which means that the procedures and legal outcomes vary widely from county to county and judge. Intentional parents who are married can get pre-birth orders, but unmarried couples may encounter difficulties because to the ambiguity of state law.
North Dakota
Intended parents stay as he legal guardians of the Child born via surrogacy, given one of them is biologically connected to the child.
New Mexico
No surrogacy regulations, but the intended parents may expect some support from the courts
Ohio:
It is not necessary to go through the courts in Ohio to obtain a pre-birth order for one's unborn child. Pre-birth orders are available to people, married or unmarried couples (of the same sex or heterosexual sex) regardless of whether they have a genetic link to the kid.
Oklahoma:
In Oklahoma, surrogacy is classified as "Partially Friendly". Unmarried couples in Oklahoma cannot acquire a pre-birth order with both of their names on it, despite state legislation allowing married intended parents, straight or same-sex, to pursue gestational surrogacy. Even if they aren't connected to the child genetically, single intended parents can get a pre-birth order.
Oregon:
When at least one parent is genetically connected to the kid, pre-birth orders can be issued by the courts .Still, no proper surrogacy regulation in the state.
Rhode Island
No surrogacy regulations, but the intended parents may expect some support from the courts
Pennsylvania:
The Pennsylvania Superior Court has overturned lower court rulings that denied surrogacy contracts and intended parents' rights, notwithstanding the absence of clear case law or legislation. The availability of parental orders varies across the state in the absence of legislation.
South Carolina
No surrogacy regulations, but the intended parents may expect some support from the courts
South Dakota
No surrogacy regulations, but the intended parents may expect some support from the courts
Texas:
Only heterosexual, lawfully married couples are permitted to enter into gestational surrogacy agreements.
Utah:
Only heterosexual, legally married couples can get into gestational surrogacy agreements, and only if a court review verifies the agreement following the birth.
Wisconsin:
Pre-birth orders may be supported by the courts, but post-birth orders are always necessary to establish legal parentage following the birth.
West Virginia
Legally married heterosexual couples can use pre-birth orders.
States in the USA that are ‘Surrogacy friendly’ in particular circumstances
Iowa
No surrogacy regulations, but the intended parents may expect some support from the courts. One of the rulings from the local court denied calling surrogacy arrangement as sale of human beings.
Idaho:
Pre-birth orders can only be given if the couple uses their own eggs and sperm in the IVF cycle, even though there is no surrogacy specific legislation in place.
Montana:
There are no legal precedents, and no laws.
Nebraska:
It is illegal to enter into a commercial surrogacy agreement. Altruistic surrogacy agreements are not supported by law.
New York
As of 2021, if the intended parents are residents of the state, surrogacy agreements are legal and pre-birth orders can be obtained. To be eligible for a pre-birth order, either the surrogate or at least one of the parents must have lived in the state for six months.
Tennessee:
Surrogacy agreements are defined by local law and are encouraged when the child's intended biological parents are also the surrogate parents. The surrogate must give up her parental rights if an egg donor is employed.
Vermont:
Surrogacy is not regulated by legislation. Pre-birth orders are not supported by the courts, however post-birth orders can be granted by the courts.
Virginia:
Surrogacy arrangements for the purpose of carrying a child are legal, but they are subject to a slew of intricate regulations. In most cases, post-birth orders are issued instead.
States in the United States that do not support surrogacy
Arizona:
Surrogacy agreements are illegal in the area, and the surrogate is legally regarded as the child's biological mother.
Indiana:
Surrogacy is illegal in Indiana, and surrogacy contracts are not permitted. Because of this, Indiana is one of the few "unfriendly" states in the United States for surrogacy. But even if a surrogacy contract is found to be invalid, some courts will nevertheless issue parental orders.
Louisiana:
Only married heterosexual couples utilizing their own eggs and sperm are permitted to use surrogacy in the United States.
Michigan:
Contracts for commercial surrogacy are not permitted. Criminal sanctions may be imposed on those who engage in any surrogacy related activity.
Wyoming:
Surrogacy is unregulated and not supported by courts.
Contact one of our client representatives today and we’ll help you with the best surrogacy program in USA, right according to your customized needs.
