Sunday, 26 May 2024 16:39

Legal Aspects of Surrogacy in the USA

Legal Aspects of Surrogacy in the USA Legal Aspects of Surrogacy in the USA

Surrogacy is a complex and deeply personal journey, often requiring a thorough understanding of various legal aspects. The laws surrounding this process in the USA can vary significantly from state to state, making it crucial for intended parents and surrogates to be well informed. This article aims to provide a comprehensive guide to the regulatory landscape, ensuring that all parties involved can navigate this process with confidence and clarity. Understanding the legal aspects of surrogacy, relevant laws in the USA, and the process is essential for a smooth and successful journey.

General Overview of Surrogacy in the USA

Definition and Types

This method of assisted reproduction involves a woman, known as the surrogate, agreeing to carry and give birth to a child for another person or couple, the intended parents. There are two primary types: gestational and traditional. Gestational surrogacy involves the surrogate carrying a baby conceived through IVF using the egg and sperm of the intended parents or donors. In traditional surrogacy, the surrogate's own egg is used, making her the biological mother of the child. The process in the USA is governed by a patchwork of state laws, making it vital for participants to understand the specific regulations in their jurisdiction.


California is known for its surrogacy-friendly laws. The state allows both gestational and traditional arrangements and recognizes agreements. Intended parents are legally recognized as the child's parents from birth, and pre-birth orders are readily granted. The regulations in California provide a supportive environment, making it a preferred destination for many intended parents.


Texas also supports the process but with some restrictions. Only gestational agreements are enforceable, and they must be validated by a court. Traditional arrangements are not legally recognized. The laws in Texas are more restrictive compared to California, requiring careful planning and adherence to specific procedures to ensure enforceability.

New York

New York has recently updated its laws to become more surrogacy-friendly. The Child-Parent Security Act, effective from February 2021, allows compensated gestational surrogacy and provides clear guidelines for agreements. This change in New York represents a significant shift, offering more protection and clarity for intended parents and surrogates.

Differences in State Laws

The differences across states highlight the importance of guidance. While some states like California and New York offer robust protections and clear guidelines, others may have restrictive or unclear laws. It's essential to consult with a lawyer to understand the specific requirements and protections in your state. Understanding these nuances can help avoid pitfalls and ensure a smoother journey.

Preparing a Surrogacy Agreement

Essential Elements of a Contract

A surrogacy contract is a vital document that outlines the rights and responsibilities of both the surrogate and the intended parents. Key elements include compensation, medical care, parental rights, and procedures in case of complications. The contract should be detailed and clear to avoid any misunderstandings or disputes. Surrogacy agreements must comply with state-specific laws and cover all aspects of the arrangement to be enforceable.

The Role of Lawyers

Both parties should have independent legal counsel to ensure their interests are protected. Lawyers specializing in this area can help draft and review the agreement, ensuring it complies with state laws and covers all necessary aspects. Legal representation ensures that the contract is enforceable and protects the rights of all parties involved. The role of lawyers in the process is crucial for ensuring a sound and fair agreement for all parties.

Rights and Responsibilities of Parties

Surrogate Mother Rights

Surrogate mothers have the right to comprehensive medical care, fair compensation, and support throughout the pregnancy. They also have the right to make decisions about their health and the pregnancy, within the terms agreed upon in the contract. Understanding the rights of the surrogate mother is essential for maintaining a respectful and supportive relationship throughout the journey.

Intended Parents Rights

Intended parents have the right to be recognized as the legal parents of the child from birth. They are responsible for the surrogate's medical expenses and compensation as outlined in the agreement. They also have the right to be involved in the pregnancy and birth process, depending on the terms of the contract. Ensuring that the rights of intended parents are clearly defined and protected in the contract is crucial for a successful outcome.

Steps in the Surrogacy Process

The surrogacy process typically includes several key stages:

  1. Choosing a Surrogate: This involves matching with a surrogate and undergoing medical and psychological screenings.
  2. Drafting a Contract: Detailed agreements are made and legally documented.
  3. Obtaining Court Orders: Pre-birth orders are obtained to establish legal parentage.
  4. Birth and Final Steps: Post-birth legal steps ensure the intended parents' names are on the birth certificate and any remaining legal matters are resolved.

Establishing Parental Rights

Securing parental rights is a critical step in the process. Pre-birth orders, when available, can establish the intended parents as the legal parents before the child is born. Post-birth procedures may also be necessary in some states to finalize parental rights. Understanding and following these steps ensures that the intended parents' legal parentage is recognized without any complications.

Benefits of Surrogacy in Ukraine

Choosing to undertake the process in Ukraine offers several significant advantages. Ukrainian laws are among the most favorable in the world, providing clear legal frameworks and robust protections for intended parents. Here are some key benefits:

Ukrainian laws ensure that intended parents are recognized as the legal parents from the moment of conception. Agreements are enforceable, and surrogates have no parental rights over the child. This clear legal structure provides peace of mind for the intended parents.

Cost-Effective Solutions

The process in Ukraine is often more affordable than in the USA. The lower cost does not compromise the quality of medical care or the legal protections available. This makes Ukraine an attractive destination for many intended parents looking for cost-effective solutions.

High Standards of Medical Care

Ukraine is home to many state-of-the-art fertility clinics that offer advanced reproductive technologies, including pre-implantation genetic diagnosis (PGD). These facilities adhere to high standards of medical care, ensuring the health and well-being of both the surrogate and the baby.

Comprehensive Support and Guidance

Agencies like Delivering Dreams provide comprehensive support throughout the surrogacy process. From matching with a surrogate to legal assistance and medical care, intended parents receive personalized support to ensure a smooth and successful journey.


Understanding the legal aspects of surrogacy in the USA is essential for both intended parents and surrogates. Navigating the varying laws and requirements can be challenging, but with the right legal support, the process can be managed smoothly. Consulting with experienced lawyers and thoroughly preparing legal agreements are crucial steps to ensure a successful journey. For further assistance and to ensure all legal aspects are covered, contact Delivering Dreams Surrogacy Agency. Our experts are here to guide you every step of the way.


What are the different types of surrogacy?

There are two main types: gestational and traditional. Gestational surrogacy uses the intended mother's egg, while traditional surrogacy uses the surrogate's egg.

Are surrogacy contracts legally enforceable?

Yes, in many states, surrogacy contracts are legally enforceable, particularly for gestational surrogacy. It's important to ensure the contract complies with state laws.

Do surrogacy laws vary by state?

Yes, surrogacy laws vary significantly. Some states are very supportive of clear laws, while others may have restrictive or unclear regulations.

What rights do surrogate mothers have?

Surrogates have rights to fair compensation, medical care, and support throughout the pregnancy. They also have the right to make decisions about their health.

Intended parents can obtain pre-birth orders in many states to establish legal parentage before the child's birth. Post-birth legal steps may also be required.


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I am very satisfied with the medical services. Coordinator Lyubov was always in touch, answered any questions quickly and clearly, and helped in any difficult situations. The level of personal support and genuine concern for my health and well-being was 100 percent. I am very pleased that I am going through the surrogacy program with this agency. I feel protected and confident. I really like the attitude of the agency, timely payments, and the curator and manager make sure that pregnant girl...
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Olga T.
I am very pleased to meet such beautiful and kind people Hello everyone, I'm Myroslava and I'm going through my SM program at the Delivering Dreams agency. I want to express a big thank you to the girls who cooperate with me, who worry about my condition, who are always in touch, and who always support me - Omelchuk Lyubov and Anna Levchenko. I've already been to a program and therefore I have something to compare it with, this agency and the staff are at the highest level. And also the doct...
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Hallo Oksana,  vielen Dank für Deine ausführliche Erklärung. Wir haben alles gut verstanden. Das zeichnet due Arbeit von Euch und Eurem Ärzteteam aus. So kann man gut vertrauen. Hello Oksana, Thank you very much for your detailed explanation. We understood everything well. This is what distinguishes the work of you and your medical team. This is a good way to trust.
German couple
One of the best teams and my program! Hello! I want to share my experience and my impression of my program, one of the best programs, and the team from the Delivering Dreams Agency! Great attitude, attentive staff, responsible! Always in touch 24/7! Lyubov Omelchuk is a wonderful person, she was with me from the first minute of implantation until the end of the entire program! I am grateful that Lyubov was always with me! People of their word! Staff who never let you down! I highly recommend...
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Anna Priazhnikova
DD is outstanding We have just returned home to California with our beautiful daughter who was born in Lviv. The Delivering Dreams team made our trip so easy and straightforward. From our arrival to Ukraine to our departure, they had everything covered. The constant communication from the team is amazing. All of our paperwork for the embassy was properly prepared and organized. I cannot recommend them enough, we are even thinking about having another baby with DD!
Andrey Frenkel
Thank you very much Dear Oksana, Thank you very much for the great news. We still can't believe it and are totally speechless. The work you do under these difficult conditions cannot be put into words. Thank you very much for that. Liebe Oksana, vielen Dank für die super schöne Neuigkeit. Wir können es noch gar nicht glauben und sind total sprachlos. Was Ihr für eine Arbeit leistet, unter den schweren Bedingungen,  kann man nicht in Worte fassen. Vielen herzlichen Dank dafür.
Couple from Germany
Very friendly, pleasant team I am very grateful to the international surrogacy agency Delivering Dreams for such a short period of experience that dispelled all doubts and the remains of incomprehensible questions that were before and during this program, but I had a wonderful curator Lyuba who did not leave me for a second even on distances?❤️ This is how experienced, pleasant, kind woman you want to go to the program at least immediately after finishing the first one! Very friendly, pleasa...
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Thank you for the wonderful experience and the opportunity to help future parents. I also want to thank Lyubov Omelchuk (Delivering Dreams) for her kindness and empathy, she was always in touch throughout the program, especially since the rehabilitation course is based on the supervision and advice of the curator. My worries about the procedure were in vain because everything went perfectly, thanks to the 24/7 support of the curator and qualified doctors Дякую за чудовий досвід, та змогу...
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I recommend this agency. I was a surrogate mother in this agency, I really liked everything. The doctors treated me well and explained everything clearly. Curator Lyuba and Anya are always in touch and answer all questions, always supporting. I recommend this agency. Я була сур мама в цьому агентство, мені все дуже сподобалося лікарі гарно відносяться, розповідають все доступно. Куратор Люба і Аня завжди на зв'язку і відповідать на всі запитання, завжди підтримують. Рекомендую це агентство.
Thank you very much for worrying about me.  I really want to start the program at Delivery Dreams agency. The doctors here are extraordinary. Coordinator Lyubov is also extraordinary, always in touch and worries about me. After the hysteroscopy, Lyubochka is on the phone with me 24/7. Thank you very much for worrying about me. I hope that my program will start soon and I will present the baby to the biological parents. Thank you for being there!?? Я дуже хочу почати програму в агенстві De...
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Under Ukrainian law, surrogacy is a legal affordable option for traditionally married couples to have children using their own embryos, or with either an egg or sperm donor. There must be a medical reason you can’t carry a child. You are also able to participate if you have had 4 unsuccessful IVF attempts.


Under Ukrainian law, surrogacy is a legal affordable option for traditionally married couples to have children using their own embryos, or with either an egg or sperm donor. There must be a medical reason you can’t carry a child. You are also able to participate if you have had 4 unsuccessful IVF attempts.