In the United States, surrogacy has different legal regulations by state, so it is legal in some states while being restricted or prohibited in others. The legality, procedures, and conditions of surrogacy vary greatly from state to state, so couples or individuals considering surrogacy should be well aware of the laws in their respective states.

States Where Surrogacy is Legal

• California: California provides a legal and very friendly environment for surrogacy. Commercial surrogacy is also allowed, and surrogacy contracts are legally enforceable. The legal procedures are well established, making it easy for foreign parents to utilize surrogacy services.
• Nevada: Nevada has legalized surrogacy, and the legal procedures related to surrogacy contracts are clear. Commercial surrogacy services are also available, and intended parents can be legally recognized as parents.
• New Hampshire: New Hampshire is a state where surrogacy is legal, and commercial surrogacy contracts are permitted. The legal contract between the surrogate and the intended parents is enforceable, and legal parental rights can be recognized.
• Colorado: In Colorado, surrogacy is legal, and commercial surrogacy is allowed. Surrogacy contracts are legally recognized, and after birth, the parents can be recognized as legal parents.

States Where Surrogacy is Restricted or Regulated

• New York: New York previously prohibited surrogacy, but surrogacy contracts have been legalized since 2020. However, commercial surrogacy is still regulated, and surrogacy contracts come with legal conditions and restrictions.
• Michigan: In Michigan, surrogacy is restricted, and commercial surrogacy contracts are illegal. Personal surrogacy contracts may be possible, but legal protections may be lacking.
• Iowa: Iowa prohibits commercial surrogacy contracts and only allows non-commercial surrogacy contracts. However, surrogacy contracts often lack legal enforceability.

States Where Surrogacy is Prohibited

• Washington: Washington prohibits commercial surrogacy, and entering into a surrogacy contract is illegal. Since surrogacy is not legally recognized, there may be difficulties in recognizing the parents as legal parents after birth.
• Mississippi: Surrogacy is prohibited in Mississippi, and commercial surrogacy contracts are not legally recognized.

What is Surrogacy?

Surrogacy involves a woman who carries and gives birth to a child for the intended parents in exchange for compensation, and there are various situations where surrogacy may be needed. It is primarily used as a means to address infertility or sterility issues, where the surrogate carries a fertilized embryo created using the intended parents' eggs and sperm. Situations that may require surrogacy include:

Failure to Implant in the Uterus: If the intended couple has healthy sperm and eggs but the embryo fails to implant in the uterus or the pregnancy does not continue, surrogacy can be used to carry the pregnancy to term.

Failure of the Woman's Eggs to be Fertilized: If the husband has healthy sperm but the wife's eggs are not fertilized or are of poor quality, making natural conception difficult, surrogacy can provide a uterus to carry the pregnancy.

Health Issues of the Birth Mother: If a medical condition or physical state poses a serious risk to the health of the birth mother during pregnancy and childbirth, surrogacy can allow for a safe pregnancy and delivery.

Unmarried or Single Women: Unmarried or single women who wish to have a child can use surrogacy to have a child that carries their genetic material.

Gay Couples and Some Transgender Couples: Gay couples or transgender couples cannot biologically conceive a child, so they can use surrogacy to have a child.

The need for surrogacy arises as a method to carry a pregnancy and deliver a child in various situations. Surrogacy allows for the provision of a uterus, implantation of a fertilized embryo through artificial insemination, and after birth, the child is transferred to the intended parents.

Biological Relationship of the Surrogate

The surrogate is not the biological mother of the child. The uterus provided by the surrogate only serves to create an environment for pregnancy, and the child is born from a fertilized embryo using the intended parents' eggs and sperm. Therefore, the surrogate is not considered the genetic mother of the child due to the lack of genetic connection.

In this process, the reason for avoiding a situation where a woman who donates eggs also serves as a surrogate is to prevent confusion in the relationship with the child due to maintaining a biological connection. Thus, the surrogate serves as a birth agent rather than the biological mother of the child.

Surrogacy is a process intertwined with physiological, legal, and ethical factors. There are various methods to proceed with surrogacy, but it generally follows these steps:

Preparation Process: Couples or individuals considering surrogacy first seek professional counseling. This counseling is important to understand the legal, ethical, and psychological aspects of surrogacy and to prepare for all processes related to surrogacy. The contract with the surrogate is also established at this stage.

Selecting a Surrogate: The process of selecting a surrogate is a crucial step in assessing the physical and mental health of the surrogate. The surrogate should generally be healthy and may need to have prior pregnancy experience. When selecting a surrogate, it is important to ensure that she fully understands and agrees to the contract.

Medical Procedures: The surrogate will become pregnant with the embryo. This is done by fertilizing the intended couple's or individual's eggs and sperm in a laboratory and then implanting the embryo into the surrogate's uterus. Sometimes, the surrogate's eggs may be used for natural conception, but this method is less common, and most cases involve embryo transfer.

Pregnancy Management and Monitoring: During the pregnancy, continuous medical monitoring is conducted for the health of the surrogate and the baby. Regular ultrasound examinations, blood tests, etc., are performed to check the pregnancy status, and medical measures are taken if necessary.

Birth and Follow-Up Procedures: After birth, since the surrogate does not raise the baby during pregnancy, the legal procedures between the surrogate and the parents are important. The parents must proceed with the necessary procedures to secure the legal right to raise the child born by the surrogate.

Legal Procedures: The surrogacy contract must clearly define various legal aspects, including custody of the child and the relationship with the parents after birth. Through legal procedures, the surrogate transfers the child to the parents after birth, and the parents are recognized as the legal parents of the child.

In states where surrogacy is legal, a surrogacy contract is generally established, and after fertilizing the intended parents' eggs and sperm to create an embryo, it is implanted into the surrogate's uterus. If the pregnancy proceeds successfully, procedures are carried out for the intended parents to be legally recognized as parents after birth. The contract specifies the legal rights and obligations of the surrogate and the intended parents, and clearly defines who the legal parents of the child are after birth.

If you are considering surrogacy in the United States, it is important to accurately understand the legal regulations of each state and to seek professional assistance to ensure that the surrogacy contract and legal procedures are properly carried out.