{"id":351986,"date":"2016-04-04T11:02:46","date_gmt":"2016-04-04T16:02:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/surrogacy-artificial-conception\/surrogacy-law.html"},"modified":"2023-07-28T10:47:29","modified_gmt":"2023-07-28T15:47:29","slug":"surrogacy-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/surrogacy-artificial-conception\/surrogacy-law.html","title":{"rendered":"Surrogacy Law"},"content":{"rendered":"\n
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Surrogacy Law<\/h1>\n
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\n By Eric Harvey, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Prospective parents have several alternatives to natural child conception and pregnancy. These alternatives include the use of a surrogate mother to carry an implanted embryo to term.<\/p>\n\n <\/div>\n\n

Potential surrogate mothers and prospective parents should fully understand surrogacy laws. These laws differ by state. This section contains information relevant to surrogate mothers and prospective parents. It also contains information about surrogates more generally, regardless of gender. You can also find a checklist to help you draft a legally sound surrogacy contract. It also covers reasons why the help of an attorney can make a surrogacy arrangement go more smoothly.
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People choose surrogacy for many reasons. Perhaps a couple struggles with infertility. Or maybe someone who has undergone a hysterectomy wishes to have a child of their own. Regardless of the reasons, it’s important to understand the complicated legal processes involved.<\/p>\r\n

Continue reading to learn more about laws related to surrogacy.<\/p>\r\n

What Is Surrogate Parenthood?<\/h2>\r\n

Surrogate parenting generally refers to assisted reproduction arrangements where a person agrees to carry a child for another person or couple. The surrogate parent is not considered to be the child’s legal mother or parent.<\/p>\r\n

Instead, the other person (or couple) intends to be the legal parent of the child born to the surrogate parent. Those who seek out a surrogate are often called \u201ccommissioning parents" or \u201cintended parents."<\/p>\r\n

There are two types of surrogate parenting arrangements. One is gestational or IVF, in which the surrogate does not use their own egg. The fertility clinic instead creates the embryo with an egg from the intended mother or an egg donor. This is known as \u201cgestational surrogacy." Some call surrogates in these arrangements a \u201cgestational mother."<\/p>\r\n

In some cases, the gestational surrogate is also an intended parent. For example, a female same-sex couple might pursue surrogacy where one partner donates their egg and the other carries the child. This way, both partners get to participate in the process, although only one has a genetic relationship with the resulting child.<\/p>\r\n

The second type is \u201ctraditional" surrogacy. In this arrangement, the surrogate’s egg is fertilized by artificial insemination. In this case, the surrogate is the child’s biological mother or parent. This arrangement can lead to legal challenges when it comes to parentage since the surrogate is also the genetic mother of the child. So, traditional surrogacy is not used as often today.<\/p>\r\n

In nearly all surrogacy arrangements, the person carrying the fetus yields their parental rights to the intended parents \u2014 even if the carrier is a biological parent or genetic parent.<\/p>\r\n

Surrogacy Agreements<\/h2>\r\n

Whatever surrogacy process you choose, it’s important to consider all the legal issues that could arise. In most cases, a surrogacy agreement addresses these issues. To learn more about these types of agreements, review FindLaw’s resource on the subject<\/a>.<\/p>\r\n

Below are a few general requirements for a surrogacy agreement.<\/p>\r\n

The parties: The agreement should name both the prospective parents and the surrogate. It should also include the date. Often, the agreement refers to prospective parents as the \u201cintended parents." The surrogate is also often referred to as \u201cthe gestational carrier."<\/p>\r\n

Type of assisted reproduction: What type of assisted reproductive technology have you chosen? These terms must be agreed upon by the prospective parents (\u201clegal parents") and the surrogate. This part of the agreement could stipulate which fertility clinic the parties will use and the services you plan to obtain, such as:<\/p>\r\n