Did you know there are no real national laws regarding surrogacy and assisted reproduction? If you want to do anything in the realm of assisted reproduction, then you need to know what laws govern your specific area. Without that understanding, you can land yourself in jeopardy. This article can help you get the information you need.
The Battles Surrounding Surrogacy Laws
Surrogacy laws vary widely from state to state. They can even vary from county to county. Not just that, but sexual orientation can also play a role in your choice to use or be a surrogate. In some cases, battles are ongoing, which means the laws are subject to change at any given time.
These are some of the biggest concerns regarding surrogacy laws from state to state.
Is the surrogacy paid (commercial), or is it altruistic? This question is all about whether the surrogacy works as a business or as freely given service. Many places frown on the idea of commercial surrogacy. In some places, altruistic surrogacy is okay, but paid surrogacy is illegal.
Who are the legal parents? This question has more to do with inherent parental legalities. For example, what happens if the surrogate suddenly wants to claim the child as her own? Depending on the method of birth, the person does have a legal path to do so. That's why many surrogacies start with a contract. Unfortunately, not all states recognize or honor surrogacy contracts.
Is the surrogacy traditional or gestational? This question concerns the method of pregnancy.
- Traditional – IVF or artificial insemination are traditional methods. The surrogate provides the egg, which means the resulting child will have a genetic link to the surrogate.
- Gestational – The egg is fertilized and the resulting embryo is transplanted into the surrogate. This means there is no genetic link to the surrogate.
Once again, some places will allow one type of surrogacy while banning the other. These are just a few of the things that are causing questions and confusion throughout the country.
What about Other Countries?
Did you hear that surrogacy is easier in other countries? If you would like to try to leave the country for surrogacy, make yourself aware of that country's policies. Much like the different states, different countries have wildly varied views and laws regarding surrogacy.
Some countries, like Russia, have a far more open approach to surrogacy. Some other places, like Italy, ban the practice. It can also become a hassle to travel for surrogacy. You should see if it's better to try a different state before you try a different country.
Always Seek Legal Advice on Fertility Law First
It may seem the path to surrogacy is impossible. The truth is, surrogacy is possible, and many people use it to create the family that they want. If you're lucky, you may live in a state that allows surrogacy in a straightforward manner.
Even if you're not, there's possibly a path to surrogacy as long as you follow the rules to the letter. In either case, you should speak to a fertility lawyer like Carmen L. Janssen Attorney at Law about the possibilities available to you in your area. He or she will know how best to go about the process and what options are available to you.