Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email email@example.com
Surrogacy in the States: navigating the maze of laws
© Copyright LexisNexis 2024. All rights reserved.
The New York Times
has published an article that sets out the law concerning surrogacy arrangements in each of the states in the USA.
Surrogacy is far more accepted in the United States than in most countries and is increasing rapidly (more than 2,000 babies will be born through it in the USA this year). However, it remains a contentious issue. There is no national consensus on how to handle it, leaving the individual states free to do as they wish.
Seventeen states permit surrogacy, but the laws vary greatly; in 21 states, there is neither a law nor a published case regarding surrogacy; in five states, surrogacy contracts are void and unenforceable; and in Washington, DC, where new legislation has been proposed, surrogacy carries criminal penalties. Seven states have at least one court opinion upholding some form of surrogacy.
The article includes useful diagrams that show which states permit surrogacy contracts, what restrictions are enforced and what states have no related law.Click here to read the full article.