USA comes among the first choices for parents opting for surrogacy because of its gold standards and most favourable laws.
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USA Fact File
The United States of America is the birthplace of LA, Las Vegas, Chicago, Miami, Boston and New York City – each a brimming metropolis whose name alone conjures a million different notions of culture, cuisine and entertainment. Look more closely, and the American quilt unfurls in all its surprising variety: the eclectic music scene of Austin, the easygoing charms of antebellum Savannah, the eco-consciousness of free-spirited Portland, the magnificent waterfront of San Francisco and the captivating French Quarter of jazz-loving New Orleans. Each city adds its unique style to the grand patchwork that is America.
This is a country of road trips and great open skies, where 4 million miles of highways lead past red-rock deserts, below towering mountain peaks and through fertile wheat fields that roll off toward the horizon. The sun-bleached hillsides of the Great Plains, the lush rainforests of the Pacific Northwest, the sultry swamplands of the South and the scenic country lanes of New England are a few fine starting points for the great American road trip. Veer off the interstate often to discover the bucolic ‘blue highways’ of lore.
Surrogacy in the United States is regulated only at the state level and not at the federal level. Some states permit the surrogacy contracts; some do not enforce them; some offer written legislation, while others have laws to accommodate the surrogacy procedures. Besides, some states allow surrogacy only for heterosexual couples.
If you are an intended parent, go for the surrogacy procedures in the surrogacy friendly states that have a legal framework for both altruistic and commercial surrogacy contracts. Experienced surrogacy lawyers across the United States can represent you during this surrogacy process to make sure that you receive the legal protection you need and your surrogacy meets the legal standards required. Here are a few favorable surrogacy friendly states – California, Illinois, Maine, Arkansas, Delaware, District of Columbia, Maryland, and more.
Many states in the US have rules and regulations which recognize the process of commercial surrogacy as a legal one. In addition, if you are an international LGBT couple, remember that the United States recognizes gay marriage — which means you can both be named legal parents of your child before you return to your home country. There are many surrogates excited to work with LGBT couples of all nationalities, and you can find whatever sperm or egg donation you need in the U.S. in a legal manner.
The reason why surrogacy is so heavily regulated in the U.S. is to protect both parties involved. To aid in that protection, American surrogacy agencies fully screen both intended parents and surrogates before a match is even made. By making sure both parties are physically, mentally and emotionally ready for the surrogacy process, U.S. surrogacy agencies prevent the likelihood of delays or failed matches.
Any rights or understanding that the surrogate has towards the child will be removed with the pre-birth and post-birth orders. Hence it is a very important aspect of the surrogacy arrangement in the United States and decides who the legal parent(s) of the child born through surrogacy would be. Pre and post-birth orders both assign parentage to the intended parents.
- The Surrogacy Contract/Agreement.
The contract between the surrogate mother and the intended parent is one of the most essential parts of the process of surrogacy. A surrogacy contract sometimes is also called a surrogacy agreement. It is the written contract between the intended parents, the surrogate and the surrogate’s husband (if she has one). Every surrogacy contract outlines two major legal issues- finances, social requirements, this legal contract will not only outline expectations but also will protect from risks and liabilities.
- The Pre-Birth Order Declaration.
This order is applied for and issued by the court in the second trimester and signed by the third trimester. Although it is issued by the court before the birth but it is effective only after the birth of the baby. According to this order, the hospital should register the names of the intended parents on the newborn’s birth certificate.
- The Post-Birth Order Declaration
This declaration is ordered after delivery, through a court hearing three to five days after birth and determines the parentage of the baby based on the surrogacy agreement.
The average cost of surrogacy canamount upto almost $130,000 to $140,000 depending on the individual arrangements. In states like California, where surrogates are in high demand, the gestational surrogacy costs may be slightly higher. Legal requirements and the costs of other services can also vary from state to state, causing a significant difference in the average cost of surrogacy. However, the gestational surrogacy costs don’t vary greatly between major metropolitan cities such as Los Angeles, San Francisco, Chicago and Houston.
However, changes in the international landscape for surrogacy have introduced new programs modeled after lower-cost services overseas.
These programs include all components of the surrogacy process. A single fee includes all medical procedures (including the IVF, embryo transfer prenatal care and the delivery), legal contracts and filings, the surrogate compensation and expenses as well as the logistical support from the Intended Parents’ agent. These ‘negotiated programs’ range from $85,000 to $120,000, not including an egg donor.
Programs are also available that offer pay-per-transfer or multiple embryo transfer attempts.
As mentioned before, surrogacy in the United States is governed by state laws, not federal ones. This means that each individual state has created its own process for surrogacy, varying from no laws at all to more restrictive laws. Therefore, there are plenty of locations in the U.S. where an international surrogacy can take place in a way that puts intended parents at ease.
Surrogacy is embraced in many parts of the U.S. and, when you work with an American surrogacy agency, your professional will make sure you are matched with a surrogate from a surrogacy-friendly state before you move forward. This is imperative; working in a surrogacy-friendly state allows you to:
- Create an enforceable surrogacy contract of rights and responsibilities
- Establish your parental rights before your baby is even born
- Make sure your surrogate is receiving proper care and compensation throughout her pregnancy
Surrogacy in the U.S., therefore, provides many legal protections that you may not receive in another country.
Our Clients Say
Ava & Jacob
Our experience with Global Star Surrogacy has been overwhelming. The perfection, the professionalism is simply outstanding
William & Zoe
Global Star Surrogacy – Compassionate, proficient, and outstanding in delivering their services. Undoubtedly, they were the best choice to fulfil our dream of becoming parents.
Jason & Josh
Trust and compassion are key during the surrogacy process. When my husband and I had twin boys in 2014,halfway around the world in Thailand, we were blessed to have Rekha as our primary contact. She was a ray of light when surrogacy was suddenly outlawed in Thailand during the second trimester. She kept us sane.