A Comprehensive Guide to U.S. Surrogacy Laws

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U.S. Surrogacy Laws By State

By Fran Caruso, Esq.

ConceiveAbilities is your trusted resource for all things surrogacy including guidance through the legal process. Surrogacy laws vary from state to state and even sometimes county to county. That is why, in addition to our own internal team of expert attorneys, ConceiveAbilities partners with local, state specific attorneys who specialize in reproductive law. Surrogacy laws are ever-changing, but we are here to ensure you feel informed, comfortable, and assured as you proceed forward with the legal process.
Below is a brief overview of the current laws impacting surrogacy in relevant states. We are always here to provide additional information and answer your questions so that you can feel confident from the legal perspective as you embark on a surrogacy journey with ConceiveAbilities.

ConceiveAbilities - Illinois Surrogacy Laws

Illinois is ConceiveAbilities' home base! In Illinois, gestational surrogacy is permitted via statute and allows intended parents(s) to be declared the legal parent(s) upon birth of the child as long as one intended parent is a genetic contributor to the child. As such, legal parentage is determined upon birth and intended parents can obtain a birth certificate from vital statistics directly. If the statute’s requirements are not met, or if a court order is needed for other reasons, then parentage may be determined via a post-birth order. Finally, if both egg donor and sperm donor are used, parental rights would be obtained via an adoption proceeding.
Get more information about surrogacy in Illinois.

New York
ConceiveAbilities - New York Surrogacy Laws

As of February 15, 2021, compensated gestational surrogacy was made legal in New York via its new statute: the Child Parent Security Act (CPSA). The CPSA includes the Surrogate’s Bill of Rights–the first of its kind in the industry–as well as many requirements for the gestational carrier agreements. You can learn more about the CPSA and its impact on the surrogacy industry here.
Notably, ConceiveAbilities was one of the first surrogacy agencies to be licensed by the New York Department of Health. To comply with the CPSA, ConceiveAbilities ensures that its intended parents and gestational carriers have experienced, well-versed reproductive attorneys who are knowledgeable of the CPSA. Under the CPSA, New York courts will grant pre-birth orders for all intended parents regardless of genetic contributors, marital status, or sexual orientation who are parties to a compensated surrogacy arrangement; and the order will go into effect at the time of the birth.
Get more information about surrogacy in New York.

ConceiveAbilities - Colorado Surrogacy Laws

Gestational surrogacy is legal in Colorado via the Colorado Surrogacy Agreement Act. The law protects both the intended parents and the gestational carrier who have entered into gestational carrier agreements consistent with the law. ConceiveAbilities ensures that during the drafting of the gestational carrier agreement all parties are represented by attorneys licensed in Colorado as is required by the law. Intended parents can proceed with a gestational carrier in Colorado regardless of their marital status, sexual orientation, genetic connection, or need for surrogacy. Parentage can be determined via a pre-birth order from the juvenile court and said order will vest the intended parents with all parental rights and duties to the child immediately upon birth.
Get more information about surrogacy in Colorado.

Have you thought about becoming a surrogate? Learn more about our All-In Surrogate Care and Compensation Package and how it protects both parents and surrogate rights.