Page 70 - PCC04

LEGEND
Source 02/2018 : https://www.creativefamilyconnections.com/us‐surrogacy‐law‐map/
Dark Green States: Surrogacy is permitted for all parents, pre‐birth orders are granted throughout the state, and both parents will be named on the birth certificate. CA, CT, DC, DE, ME, NH, NV, RI
Light Green States : Surrogacy is permitted but results may be dependent on various factors or venue. In some birth states additional post‐birth legal procedure may be required. Note: The state where the baby is born must have a procedure to allow both parents to be named on the birth certificate without action in another state. AL, AK, AR, CO, FL, GA, HI, IL, KS, KY, MA, MD, MN, MO, MT, NC, ND, NM, OH, OK, OR, PA, SC, SD, TX, UT, VT, WI, WV
Dark Yellow States: Proceed with caution. Surrogacy is practiced, but there are potential legal hurdles; or results may be inconsistent. AK, AZ, IA, ID, IN, MS, MT, NE, TN, VA, WY
Red States: STOP ! Statute or published case law prohibits compensated surrogacy contracts, OR a birth certificate naming both parents cannot be obtained. LA, MI, NJ, NY, WA
Four US State Examples (1)
Ten states have very detailed laws governing surrogacy.
Four of them, Florida, Utah, Washington State, and New Hampshire, present what can be considered a public health approach to framing surrogacy.
All four states require by law most if not all the following 10 criteria:
1. Intended parents must be at least 21 years of age and residents of the state for at least I year.
2. They must submit to thorough physical and psychological exams, as well as to home studies (as occurs in the case of adoption).
3. Intended mother must prove that she is incapable of carrying a child.
70
Page 64 of 88