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Is Surrogacy Legal in all 50 States?

October 1st, 2018

Surrogacy practiced in 47 U.S. States

When beginning the surrogacy journey, many pressing questions often arise. Once the questions around cost and timeline have been answered, intended parents often wonder where their surrogate will be located. Which begs the question, is surrogacy practiced everywhere?

The Evolution of Surrogacy Law

Since there are no federal laws regulating surrogacy in the United States, state-by-state surrogacy laws can be confusing. So, what states allow surrogate mothers? You may have heard surrogacy is only “legally safe” in a few select states, such as California and Illinois. However, as surrogacy law has evolved, that is no longer the case.

Over the last decade, more and more states have embraced surrogacy by formally recognizing it as a legitimate way for individuals and couples to create their families. Specifically, many states have taken legislative action to regulate and protect the rights of the various parties.

However, although formal recognition of surrogacy is increasing, many state’s laws remain silent regarding surrogacy.

Where is Surrogacy Legal

Although some states have not yet taken steps to formalize the surrogacy process, experienced family law attorneys have found ways to navigate the court system to assist intended parents in becoming parents with the stamp of approval from the local family court judge.

More judges in more counties in these states are granting orders to intended parents to establish their parentage by way of the Uniform Parentage Act. As a result, surrogacy is practiced and intended parents are named on their child’s birth certificate in approximately 47 states.

Gone are the days when intended parents had only a few surrogate options within a handful of states to ensure legal parentage. With an expert legal team navigating the state-by-state legal system, anyone can build a family through surrogacy almost anywhere in the United States. Combine favorable state laws, excellent clinics and the experience and quality of a ConceiveAbilities’ screened surrogate, it becomes unnecessary to limit your search to just a few states.

The surrogacy process is complex, but with ConceiveAbilities, you have access to an in-house legal team, medical professionals and Match Managers that are committed to your journey. You can learn more about surrogacy here, or if you’re ready to take the next step, contact us here.