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Surrogacy Law Specialists in Australia
Hall Payne Lawyers
We have a team of experienced family lawyers including two accredited family law specialists, to help with all aspects of family law including parenting matters for same sex couples and non commercial surrogacy arrangements together with financial matters such as property and child support issues relating to children. We can provide the required independent legal advice prior to surrogacy arrangements being entered into for birth mothers and surrogates (and their partners if relevant) or the intended parent/s. We are available to prepare the necessary court documentation for legal transfer of parentage to the intended parents.
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Australia Surrogacy Law / Queensland Surrogacy
Useful Article - Source
Is surrogacy an option for gay men wanting to be fathers in Australia?
by Jenni Millbank
A couple of years ago there was a documentary on SBS about two gay men from Melbourne who had a baby through a surrogacy arrangement in the US. It caused a big splash, but there hasn’t been that much information on surrogacy within Australia since then, even though the ACT has recently changed its laws to make surrogacy simpler (and specifically identified gay couples as eligible) and Victoria is currently considering surrogacy reforms. This article outlines some of the general issues for gay men considering parenthood through surrogacy, but anyone considering a surrogacy arrangement should get detailed legal advice on their plans before they begin.
The first thing to note is that surrogacy arrangements are just that -arrangements, not contracts. It is not possible to enter into a binding surrogacy agreement anywhere in Australia, or to enforce an agreement that has broken down. Any dispute about the child will be determined by the child’s best interests, not by the terms of an agreement.
Most Australian states prohibit payment for surrogacy (“commercial” surrogacy), advertising for a surrogate or facilitating a surrogacy agreement (eg through an agency). Even the ACT, which allows non-commercial surrogacy and has groundbreaking new laws allowing for parental status to be transferred from the birth mother to the commissioning parents, bans any form of advertising for a surrogacy arrangement. So in most of Australia, surrogacy arrangements have to be privately arranged and involve no fee or payment (although in some places the cost of medical expenses is allowed).
NSW is unusual because it does not currently have legislation on surrogacy. At the moment it is not illegal to advertise for or enter into either a commercial or non-commercial surrogacy agreement that takes place in NSW- but note that advertising in other states, or conceiving elsewhere, or even having an agreement with a surrogate who usually lives in another state, may still be an offence in those places.
Since 2003 the NSW government has had a law in draft form (the Assisted Reproductive Technology Bill 2003) but it is not clear if it will be introduced. Even if this Bill did become law,it would only prohibit commercial surrogacy and advertising for commercial surrogacy in NSW.Non-commercial agreements would remain legal in NSW, as would advertising for them. This means that NSW is the most permissive of all Australian jurisdictions, and is likely to remain so even if the law changes.
Surrogacy may take place with the birth mother’s own egg (sometimes called “partial surrogacy”) or with a donor egg so that the birth mother is not the genetic mother (“full surrogacy”). Either way, the birth mother is still a legal mother.
If the conception is going to take place with a donor egg, then IVF is needed.This means two hurdles: finding an accessible fertility service, and a woman who will donate an egg in addition to finding a woman who will be a surrogate.
It is prohibited in all Australian states to pay an egg donor, although it is acceptable to cover medical expenses. It is legal to advertise for an egg donor in NSW (although note again it is an offence is some other states).
In most states, it is not possible to use fertility services to undertake a surrogacy arrangement, either because surrogacy is banned or because of laws limiting access to fertility services on the basis of clinical infertility (meaning the birth mother would need to have a fertility problem, defeating the purpose). The exceptions once again are the ACT and NSW, where it may be possible to access privately run fertility services even if not clinically infertile. But if classified as fertile, the parties would be ineligible for Medicare benefits – meaning that the cost per IVF cycle would be around $10,000. (If the birth mother were to be the genetic mother and a fertility service was only used for donor insemination rather than IVF the cost would be around $1800 per cycle.)
All states still require a sperm donor to sign a “lifestyle declaration”. Declaring that you have had male-male sex in the past 5 years may mean that the service refuses to use your sperm, or that they require additional storage time and repeat testing. This is up to the clinical judgement of each service, so is unpredictable.
Once a child is born, there is the further issue of parental status. Legally, the parents of any child born through assisted conception, whether surrogacy or otherwise, are the birth mother and her partner (in the ACT this includes a female partner). A commissioning parent, even if a biological father, is not a legal parent.
In the ACT the new surrogacy provisions allow for birth parent and commissioning parents to apply to the ACTSupreme Court for a change of parental status from the birth parents to the commissioning parents. These can be used by gay men, but only if: the commissioning parents live in the ACT, the child was conceived through IVF carried out in the ACT, the birth mother is not the genetic mother (ie full surrogacy and not partial surrogacy), at least one of the commissioning parents is a genetic parent, the birth mother and her partner both consent, and the baby is between 6 weeks and 6 months at the time of the application. So far the ACT is the only jurisdiction in Australia to introduce such provisions, but Victoria is considering something similar.
It is not possible to use adoption orders in NSW to gain parental status, because privately arranged adoptions are not permitted, and in any case same-sex couples are not eligible to jointly adopt.
But a lack of automatic parental status does not mean that commissioning parents have no rights or no way of gaining parental rights. Any person concerned with the care, welfare and development of a child can apply to the Family Court for orders; they do not need to be a legal or biological parent. It is possible for commissioning parents to apply to the Family Court for parental responsibility orders (these grant the right to make major decisions about the child, such as medical care, applying for a passport and so on) and for residence or contact orders. It is not exactly the same as parental status, for example it doesn’t flow through to areas such as inheritance, but it does say who is the person or people responsible for the care of the child and in charge of what happens to them until they turn 18. Such orders can also remove parental responsibility from the birth mother and her partner. Such orders can be applied for with the consent of all parties in a relatively simple process. The Family Court has made these orders in favour of gay men in recent years, including men who had a child from surrogacy arrangements made overseas. Importantly, these orders granted equal rights to the biological and non-biological father in a gay couple.
The upshot: surrogacy in Australia is very difficult and widely prohibited. The ACT and NSW are the most conducive to surrogacy arrangements, but prospective commissioning parents need considerable resources, would need to be very careful not to break the laws of their own and other states, and should consider obtaining parenting orders shortly after birth to formalise their legal status.
Queensland Surrogacy- Source:
New surrogacy laws for Queensland
The Surrogacy Act 2010 was passed by Parliament on 11 February 2010 with the provisions of the Act to commence on 1 June 2010. This means that from 1 June 2010 it will be legal for altruistic surrogacy arrangements (that is, non-commercial arrangements) to be made in Queensland.
What is a surrogacy arrangement?
A surrogacy arrangement is an arrangement between a woman (the birth mother) and another person or couple (the intended parents) where the birth mother agrees to become pregnant with a child for the intended parents. The child born as a result of the pregnancy will be permanently relinquished by the birth mother into the care and custody of the intended parents.
A surrogacy arrangement can only be made before the birth mother becomes pregnant.
These are the minimum requirements for a surrogacy arrangement.
There are additional requirements which must be satisfied to obtain a court order that transfers the legal parentage of the child from the birth mother to the intended parents (known as a parentage order). For example, the parties to a surrogacy arrangement must obtain counselling and independent legal advice before entering into the arrangement.
Steps required for entering into a surrogacy arrangement and obtaining a parentage order
The Surrogacy Act imposes many requirements on parties who wish to obtain a parentage order following a surrogacy arrangement. The court may not make a parentage order unless these requirements have been satisfied.
It is important that legal advice be obtained by a person before the person enters into a surrogacy arrangement.
The table of steps required outlines the main steps that a person must take when entering into a surrogacy arrangement and applying to a court for a parentage order.
What is legal under the Surrogacy Act 2010?
- From 1 June 2010 it will no longer be unlawful for parties to enter into an altruistic surrogacy arrangement.
- It will remain unlawful for a person to enter into a commercial surrogacy arrangement. A commercial surrogacy arrangement is where there is a payment, reward or any material benefit to any of the parties for entering into the arrangement or agreeing to the making of a parentage order.
- The payment to, or reimbursement of, the birth mother’s reasonable expenses associated with the surrogacy will be permitted in a surrogacy arrangement. See more information about what expenses are allowed as the birth mother’s reasonable surrogacy costs
- Surrogacy arrangements are not enforceable. This means that the birth mother or the intended parents may change her or his minds at any time before the court makes an order to transfer the parentage of the child to the intended parents. Therefore, a birth mother may decide not to relinquish the child to the intended parents or the intended parents may decide not to permanently care for the child.
- The part of the arrangement relating to the payment of reasonable surrogacy costs of the birth mother can be enforced by a court in certain circumstances. For example, when the birth mother has fulfilled her obligations under the arrangement by relinquishing the child to the intended parents and consenting to the making of the parentage order.
- In Queensland, or if you are a Queensland resident, it is illegal to advertise for any surrogacy (altruistic or commercial): either that you are willing to be a birth mother or that you seek someone to act as a birth mother for you. Also, it is illegal to receive any fees received for arranging a surrogacy arrangement (either altruistic or commercial).
Who can enter into a surrogacy arrangement?
Any person, regardless of his or her relationship status, will be able to enter into a surrogacy arrangement. Intended parents may be a married or de facto couple (including same-sex de facto couples) or a single person.
The parties entering into a surrogacy arrangement may utilise any of the various methods for conception, such as in-vitro fertilisation, artificial insemination, self insemination or natural conception.
There is no requirement for any of the parties to have (or not have) a genetic connection to the child or with each other.
What are the birth mother’s reasonable surrogacy costs?
The birth mother’s surrogacy costs include the reasonable costs associated with her becoming or trying to become pregnant or her pregnancy and birth. The birth mother’s surrogacy costs also include any reasonable costs associated with the birth mother, or her spouse (if any), being a party to the surrogacy arrangement or court proceedings in relation to the parentage order.
Section 11 of the Surrogacy Act provides these costs include: reasonable medical costs for the birth mother; reasonable costs, including medical, for the child; certain health, disability or life insurance premiums; certain counselling and counsellor’s report costs; legal costs; actual lost earnings of the birth mother in certain circumstances; and other reasonable costs associated with the surrogacy arrangement or the making of the order transferring parentage
What surrogacy costs are paid to the birth mother is a matter for the parties to agree upon when making the surrogacy arrangement. The surrogacy arrangement should set out the agreement between the parties about which, if any, of the allowable expenses and costs are to be paid or reimbursed to the birth mother.
What are the rights of the birth mother?
The birth mother has the right to manage her own pregnancy as any other pregnant woman, despite what may be agreed to in the surrogacy arrangement.
After the baby is born, the birth mother is presumed to be the mother of the baby and her partner (if any) is presumed to be the father, or where the birth mother has a female partner, and the baby was conceived via an assisted reproduction technology, the female partner is presumed to be the parent of the child. The making of a parentage order will override this parenting presumption.
The existing requirement for the birth mother (and the other birth parent, if any) under the Births Deaths and Marriages Registration Act 2003 to register the birth of the child applies and the child’s birth is to be registered accordingly, showing the birth mother (and the other birth parent, if any) as the child’s parent(s).
Why do you need to transfer the parentage of the child?
Surrogacy arrangements can occur without a transfer of parentage. However, the transfer of the parentage is desirable because it creates legal certainty for the child in relation to a number of future life events, such as the name of the child, the child’s birth certificate and the child’s entitlement under wills and deceased estates. A transfer of parentage will also give the intended parents legal status to make decisions on behalf of the child and to make representations to government agencies on behalf of the child.
If the court decides to make the parentage order, then the birth mother and her partner no longer have a legal parental relationship with the child and the intended parent/s become the parents of the child to the exclusion of everyone else. The child’s birth certificate can be amended to reflect the intended parent/s as the parents of the child.
Who is eligible to apply for a transfer of parentage?
There are no restrictions on who can apply to the court based on the relationship status of the intended parents; how the birth mother conceived the child; or the genetic relationships (if any) between the child, the birth mother or intended parents.
However, the Surrogacy Act does include safeguards to protect the rights, wellbeing and best interests of a child born as a result of a surrogacy arrangement and to ensure that the parties to a surrogacy arrangement understand the implications of the surrogacy arrangement. This is achieved by requiring the court to be satisfied of certain matters before the court may make a parentage order.
What is the application process for a parentage order?
The Childrens Court, constituted by a District Court judge, will hear applications for a parentage order.
The intending parents will be responsible to make the application to the court.
The application for a parentage order is to comply with the Uniform Civil Procedure Rules 1999 and the Uniform Civil Procedure Amendment Rule (No. 2) 2010 as if the proceedings were proceedings in the District Court. See more information about making applications to the Childrens Court.
Special privacy provisions apply to who can be present at the court proceedings, access to the court record and the publication of information about the court proceedings. Part 6 of Chapter 3 of the Surrogacy Act sets out in detail these special provisions.
What information is in a parentage order?
Section 34 of the Surrogacy Act sets out the minimum information to be included in a parentage order, which are:
(a) The date of the order.
(b) The name of the child.
(c) The date of birth of the child.
(d) The place of birth of the child.
(e) Each of the intended parents’ full name, address and occupation.
(f) Each of the birth parents’ full name, address and occupation.
(g) The terms of any other order that is made.
Safeguards for the transfer of parentage of the child
To ensure the well-being and best interests of the child are protected and that parties to a surrogacy arrangement are fully aware of the implications of entering into a surrogacy arrangement, the court must be satisfied of certain matters before an order transferring parentage of a child can be made. Section 22 of the Surrogacy Act sets out in detail what these matters are. They include:
- The parentage order is for the wellbeing and in the best interests of the child.
- The surrogacy arrangement was made before a child was conceived.
- The surrogacy arrangement is not a commercial surrogacy arrangement.
- The parties obtained independent legal advice prior to entering into the surrogacy arrangement. See more information about obtaining legal advice.
- The parties obtained counselling from an appropriately qualified counsellor about the surrogacy prior to entering into the arrangement. See more information about obtaining counselling.
- The surrogacy arrangement was made with the consent of all the parties.
- The surrogacy arrangement is in writing and signed by the birth mother, her partner (if any) and the intended parents.
- The application was made 28 days after, and within six months of, the child’s birth.
- The child: has lived with the intended parents for at least 28 consecutive days; lived with the intended parents at the time of lodging the application; and is still living with the intended parents at the court hearing.
- The intended parents are residents in Queensland.
- The birth mother, the birth mother’s partner (if any) and the intended parents were at least 25 years when the surrogacy arrangement was made.
- The birth mother, the other birth parent (if any) and the intended parents all consent to the making of the parentage order.
- A surrogacy guidance report that has been prepared by an independent and appropriately qualified counsellor has been provided to the court. This report cannot be prepared by the same counsellor who gave counselling to any of the parties prior to them entering into the surrogacy arrangement. For information about who is an independent and appropriately qualified counsellor.
- There is evidence of a medical or social need for the intended parents to want to make the surrogacy arrangement. See more information about what is a medical or social need for a surrogacy arrangement.
Who pays the legal and other costs of the surrogacy?
This is a matter for the parties to agree to during the making of the surrogacy arrangement. However, the birth mother’s reasonable surrogacy costs that are permitted to be paid by the intended parents under a surrogacy arrangement may include her legal, counselling and other associated costs. Section 11 of the Surrogacy Act sets out what costs and expenses of the birth mother are permitted to be paid by the intended parents. See more information about what expenses are allowed as the birth mother’s reasonable surrogacy costs.
When should legal advice be obtained?
The Surrogacy Act requires the birth mother, the birth mother’s spouse and the intended parents to obtain legal advice before entering into a surrogacy arrangement. It is important for all parties to obtain legal advice so that their rights and obligations under the surrogacy arrangement, as well as the implications of entering into a surrogacy arrangement, can be fully explained.
If there are two intended parents they can both receive the legal advice from the one lawyer at the same time. Similarly if the birth mother has a spouse then the birth mother and her spouse can both receive the legal advice from the one lawyer at the same time. However the lawyer who gives the legal advice to the intended parents cannot be the same lawyer who gives the legal advice to the birth mother and her spouse (if any).
When should counselling be obtained?
The Surrogacy Act requires the birth mother, the birth mother’s spouse and the intended parents to obtain counselling before entering into a surrogacy arrangement. It is important that the parties entering into a surrogacy arrangement are aware of the social and psychological implications of the surrogacy arrangement and making of a parentage order. For example how conception of the child is achieved, and the genetic material to be used in conception of the child, will have long term implications for all parties and counselling should address these issues.
Who is an appropriately qualified or independent counsellor?
The counsellor/s that provide/s counselling to the parties prior to entering into a surrogacy arrangement must be ‘appropriately qualified’. The counsellor who prepares the surrogacy guidance report for the court must also be ‘appropriately qualified’ and in addition be ‘independent’.
Section 19 of the Surrogacy Act defines an appropriately qualified counsellor as someone who has the experience, skills or knowledge to prepare the report and who is one of the following:
a) a member of the Australian and New Zealand Infertility Counsellors Association
b) a psychiatrist who is a member of the Royal Australian and New Zealand College of Psychiatrists
c) a psychologist who is a member of the Australian Psychological Society; or
d) a social worker who is a member of the Australian Association of Social Workers.
An appropriately qualified counsellor is independent if: the counsellor has not given counselling about the surrogacy arrangement to the birth mother, the birth mother’s spouse (if any) or an intended parent; and is not, and has not been, directly connected with the medical practitioner who carried out the procedure that resulted in the birth of the child.
What is a medical or social need for a surrogacy?
Section 22(2)(d) of the Surrogacy Act requires the court to be satisfied that the intended parents have a medical or social need before making a parentage order.
Section 14 of the Surrogacy Act defines a medical or social need for a surrogacy occurs if: the intended parents are a man and an eligible woman; or the intended parents are both men, or both eligible women; or the sole intended parent is a man or an eligible woman.
An eligible woman is a woman who is unable to become pregnant or is unable to carry a pregnancy or give birth. It also includes the situation where, if the woman did conceive a child: the child would be affected by a genetic condition or disorder or the child’s health or life would be at risk by the pregnancy or birth. An eligible woman also covers the situation where, the woman, if she did conceive a child, is unlikely to survive the pregnancy or birth or her health would be significantly affected.
This definition would exclude a heterosexual couple in the circumstances where the male partner is the carrier of the genetic condition or disorder and the female partner is fertile and able to carry a child and give birth. This is because the female partner is able to conceive a child not affected by a genetic condition or disorder with the use of donor sperm through an ART procedure.
Are surrogacy arrangements that were made prior to the legislation commencing included?
The Surrogacy Act offers a window of opportunity for an application to be made by the intended parents for a parentage order for a child that was born as a result of an altruistic surrogacy arrangement before the commencement of the Surrogacy Act. The window of opportunity lasts for two years from the commencement of the Surrogacy Act (1 June 2010) and an application to the Childrens Court judge must meet the requirements as set out in Part 2 of Chapter 5 of the Surrogacy Act.
Can the parentage order be set aside or appealed?
Part 4 of Chapter 3 of the Surrogacy Act sets out the circumstances when a Childrens Court judge may discharge a parentage order and also who may apply to the court for the discharge order. A Childrens Court judge must be satisfied that discharging the parentage order is in the best interests of the child and also that: there has been fraud, duress or other improper means; or a consent of a party was not given or was given for payment, reward or other material benefit or advantage; or there is an exceptional reason.
A party will have a right to appeal to the Court of Appeal against the refusal to make the order transferring legal parentage or to discharge (or refusal to discharge) an order to transfer legal parentage. Part 5 of Chapter 3 of the Surrogacy Act provides for how appeals are to be undertaken.
What is the process for the registration of the parentage order?
Amendments in the Surrogacy Act will allow the intending parents to lodge an application on the approved form with the Registry of Births, Deaths and Marriages (BDM), together with the parentage order and applicable fee, to ensure that the child’s birth certificate accurately reflects the transfer of parentage.
This is achieved by closing the original birth record of the child and creating a new birth entry for the child that includes the intended parents’ details. A notation is made in the registers that will link the new record with the original record.
The birth certificate of the child will include details of the intending parents, the name of the child and other particulars required to be included in the birth certificate. The birth certificate will not include any information that is included in the closed register.
There are special provisions in the Births, Deaths and Marriages Registration Act 2003 that limit who is entitled to access information from the closed register and when this information can be obtained.
The intending parents, the birth parents and the child (when the child is 18 years) will be able to access information from the original record. A child under the age of 18 years will be able to access information from the original record if the appropriate consents have been obtained from the birth parents and intended parents (except if the person has since died or can not be reasonably located).
The Surrogacy Act also provides that when an adult child (18 years or over) applies for a copy of his or her birth certificate, the child will receive an addendum that is attached to the birth certificate that advises there is additional information about his or her birth record. The adult child is able to obtain a copy of this additional information from the closed register.
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Advertising as a surrogate - or for a
surrogate- in Australia
You can apparently only legally advertise for a surrogate or to be a surrogate in NSW - so what are Australians to do? Altruistic surrogacy is legal- however advertising isn't?
In Victoria, the Assisted Reproductive Treatment Act 2008 (Vic) makes it illegal to advertise or publish on the internet in relation to surrogacy. If looking for a surrogate in Victoria therefore you could register with the appropriate government agency. In Victoria, you can register with the patient review panel: http://www.health.vic.gov.au/prp/
In Queensland, the government department which appears to handle these issues is the attorney general, you could contact them to see if they have a register available which you can join: http://www.justice.qld.gov.au/justice-services/births-deaths-and-marriages/surrogacy
Do you have more info? Send it to Emma
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Latest Worldwide Surrogacy news
Queensland Passes New Surrogacy Laws - June 2010
Under new laws in effect next year, altruistic surrogacy will no longer be a criminal offence, however, surrogacy for payment or financial benefit will still remain illegal.
Significantly, altruistic surrogacy will not be limited to opposite-sex couples, giving the green light to gay couples who wish to start a family. More from this story
More News About Surrogacy
Worldwide
Legalities of Surrogacy
The legal aspects surrounding surrogacy are very complex and mostly unsettled. There is a default legal assumption in
most countries that the woman giving birth to a child is that child's legal mother. In some jurisdictions the possibility of surrogacy has been allowed
and the intended parents may be recognized as the legal parents from birth.
Many states now issue
pre-birth orders through the courts placing the name(s) of
the intended parent(s) on the birth certificate from the start.
In others the possibility of surrogacy is either not recognized (all contracts specifying different legal parents are void), or is prohibited.
We therefore suggest that
you seek legal advice regarding the laws in your country / state
The following information is provided to offer an overview
of the current available information however I do not claim to have any legal training or be a specialist in surrogacy law. As such I have also provided links to surrogacy law specialists around the world so that you can get professional advice relating to your circumstances.
I hope you find them useful!
Please do let me know how
you get on
Em:-)
The Commonwealth Government of Australia cannot universally legislate for reproductive technology practice. Therefore each state and territory is responsible for designing and implementing separate legislation. This has resulted in laws and practices that differ from state to state.
Please do obtain legal advice before entering into a surrogacy arrangement of any kind within Australia
Surrogacy in Australia- law pages - find an Australian surrogacy law specialist
Surrogacy New Zealand
The most important provision in the ADOPTION ACT 1955 is section 25, which states that, unless the court consents to it,
it is illegal for any person to
give or receive, or to agree to give or receive, any payment
or reward in consideration of
the adoption or proposed adoption of a child or in consideration of arranging an adoption or proposed adoption.
A major issue for the parties
to a surrogacy arrangement involving payment of money
will therefore be whether the arrangement breaches section 25. This is a question that
will be decided by a court on
the basis of the particular circumstances of each case. However, the courts have been willing to find that a surrogacy arrangement does not breach this section.
Also note that although
Section 26 of the Act states that it is illegal to publish an advertisement indicating:
- that the parent or guardian of a child desires to adopt out the child, or
- that any person desires to adopt a child, or
- that any person or organisation is willing to arrange for a child to be adopted
that, again, the courts have been willing to hold that this section will not apply to a surrogacy arrangement.
Please do obtain legal advice before entering into a surrogacy arrangement of any kind within New Zealand
Surrogacy in New Zealand- law pages - find a New Zealand surrogacy law specialist
Surrogacy within the UK
The law in the United Kingdom stipulates that surrogacy is illegal if money changes hands. However the reverse side of the coin is that if woman A volunteers to carry a child for woman B without taking money from her this is fine. That said there are no agencies in the United Kingdom who would broker or arrange the meeting of two such women- and this is where we hope to fill the gap.
There are also support groups who can offer help and advice on the subject but cannot and do not offer to make introductions between those able to have children and those wanting to have children.
Please do obtain legal advice before entering into a surrogacy arrangement of any kind within the UK
Surrogacy in the UK- law pages - find a UK surrogacy law specialist
Surrogacy within the USA
The laws governing surrogacy within the USA vary from state to state- the following gives a brief over-view- do use the links to find local surrogacy specialists along with web sites, blogs and useful information about surrogacy
| Alabama Surrogacy Law There is no provision on surrogacy in Alabama state law, but it appears to be permitted. |
| Alaska Surrogacy Law There is no provision on surrogacy in Alaska state law. |
| Arizona Surrogacy Law Arizona law is unclear on the issue of surrogacy agreements. |
| Arkansas Surrogacy Law There is no provision on surrogacy in Arkansas state law, but it appears to be permitted. |
| California Surrogacy Law There is no provision on surrogacy in California state law, but it appears to be permitted. |
| Colorado Surrogacy Law There is no provision on surrogacy in Colorado state law. |
| Connecticut Surrogacy Law There is no provision on surrogacy in Connecticut state law, but it appears to be permitted. |
| Delaware Surrogacy Law There is no provision on surrogacy in Delaware state law, but it appears to be prohibited. |
| District of Columbia Surrogacy Law District of Columbia law prohibits surrogacy agreements. |
| Florida Surrogacy Law Florida law permits surrogacy agreements for married couples only. |
| Georgia Surrogacy Law There is no provision on surrogacy in Georgia state law. |
| Hawaii Surrogacy Law There is no provision on surrogacy in Hawaii state law. |
| Idaho Surrogacy Law There is no provision on surrogacy in Idaho state law, but it appears to be permitted. |
| Illinois Surrogacy Law Illinois law permits surrogacy agreements for gestational surrogacy, and unclear for traditional surrogacy. |
| Indiana Surrogacy Law Indiana law does not enforce surrogacy agreements. |
| Iowa Surrogacy Law There is no provision on surrogacy in Iowa state law. |
| Kansas Surrogacy Law There is no provision on surrogacy in Kansas state law, but contracts appear to be unenforceable. |
| Kentucky Surrogacy Law There is no provision on surrogacy in Kentucky state law, but it appears to be permitted for uncompensated contracts. |
| Louisiana Surrogacy Law Louisiana law prohibits holds traditional surrogacy agreements void and unenforceable when compensated. there are now laws for uncompensated traditional or gestational surrogacy. |
| Maine Surrogacy Law There is no provision on surrogacy in Maine state law. |
| Maryland Surrogacy Law Maryland state law is unclear on surrogacy, related laws may hold compensated agreements unenforceable.. |
| Massachusetts Surrogacy Law Massachusetts has no laws to surrogacy contracts, but several case has upheld the contracts. |
| Michigan Surrogacy Law Michigan law prohibits compensated surrogacy agreements. Also the contracts are void and unenforceable. |
| Minnesota Surrogacy Law There is no provision on surrogacy in Minnesota state law, but there have been cases where agreements were upheld in court. |
| Mississippi Surrogacy Law There is no provision on surrogacy in Mississippi state law. |
| Missouri Surrogacy Law Missouri state law is unclear on surrogacy contracts. |
| Montana Surrogacy Law There is no provision on surrogacy in Montana state law. |
| Nebraska Surrogacy Law Nebraska law prohibits compensated surrogacy contracts, but may uphold uncompensated contracts.. |
| Nevada Surrogacy Law Nevada law permits surrogacy agreements for married couples only. |
| New Hampshire Surrogacy Law New Hampshire law permits surrogacy agreements for married couples only. |
| New Jersey Surrogacy Law New Jersey law permits uncompensated gestational surrogacy contracts. |
| New Mexico Surrogacy Law New Mexico law permits uncompensated surrogacy contracts. |
| New York Surrogacy Law New York law prohibits surrogacy contracts and are unenforceable. |
| North Carolina Surrogacy Law There is no provision on surrogacy in North Carolina state law, but it appears to be permitted. |
| North Dakota Surrogacy Law North Dakota law states that traditional surrogacy contracts unenforceable, yet gestational surrogacy contracts are enforceable. |
| Ohio Surrogacy Law Ohio state law is unclear on surrogacy, however some courts have decided favorably. |
| Oklahoma Surrogacy Law There is no provision on surrogacy in Oklahoma state law, but it appears to permitted only with uncompensated contracts.. |
| Oregon Surrogacy Law Oregon law permits only uncompensated surrogacy contracts. |
| Pennsylvania Surrogacy Law Pennsylvania state law is unclear on surrogacy. The courts have upheld contracts that were established with a legally recognized agency. |
| Rhode Island Surrogacy Law There is no provision on surrogacy in Rhode Island state law, but it appears to be permitted. |
| South Carolina Surrogacy Law South Carolina state law is unclear on surrogacy, yet case law seems to favor surrogacy contracts.. |
| South Dakota Surrogacy Law There is no provision on surrogacy in South Dakota state law. |
| Tennessee Surrogacy Law Tennessee law permits surrogacy agreements for married couples only. |
| Texas Surrogacy Law Texas law permits gestational surrogacy contracts for married couples only. |
| Utah Surrogacy Law Utah law allows gestational surrogacy contracts. |
| Vermont Surrogacy Law There is no provision on surrogacy in Vermont state law, but it appears to be permitted. |
| Virginia Surrogacy Law Virginia law permits uncompensated surrogacy contracts for married couples only. |
| Washington Surrogacy Law Washington law permits uncompensated surrogacy agreements. |
| West Virginia Surrogacy Law There is no provision on surrogacy in West Virginia state law, but it appears to be permitted. |
| Wisconsin Surrogacy Law Wisconsin state law is unclear on surrogacy. |
| Wyoming Surrogacy Law There is no provision on surrogacy in Wyoming state law. |
Please do obtain legal advice before entering into a surrogacy arrangement of any kind within the USA
Surrogacy in the USA- use the links above or click here to find a USA surrogacy law specialist
Surrogacy Canada
Commercial surrogacy arrangements were prohibited
in 2004 by the Assisted Human Reproduction Act.
Altruistic surrogacy however remains legal.
In the province of Quebec, contracts that involve surrogacy are unenforceable
Please do therefore obtain
legal advice before entering into a surrogacy arrangement of any kind within Canada
Surrogacy in Canada- law pages - find a Canadian surrogacy law specialist
Surrogacy Worldwide
India is emerging as a leader
in international surrogacy and
a destination in surrogacy-related fertility tourism.
Indian surrogates have
been increasingly popular
with fertile couples in industrialized nations because
of the relatively low cost.
Indian clinics are at the same time becoming more
competitive, not just in the pricing, but in the hiring
and retention of Indian
females as surrogates.
Clinics charge patients for a complete package, including fertilization, the surrogate's fee, and delivery of the baby at a hospital. Including the costs of flight tickets, medical procedures and hotels, it comes to
roughly a third of the price compared with going through the procedure in the UK.
Surrogacy in India is relatively low cost and the legal environment is favorable. In 2008, the Supreme Court of India in the Manji's case has
held that commercial surrogacy
is permitted in India. That has again increased the
international confidence in
going in for surrogacy in India.
Please do obtain legal advice before entering into a surrogacy arrangement of any kind in other countries not yet mentioned Surrogacy worldwide- law pages - find an international surrogacy law specialist
