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Family Law

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22 SEP 2014

Surrogacy in the States: navigating the maze of laws

Jonathan Cailes

Major Works Manager


Surrogacy in the States: navigating the maze of laws
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.

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