Building a family through surrogacy is an extraordinary journey—a path filled with hope, love, and, yes, legal paperwork. Yet, for many intended parents, the legal side of surrogacy feels like an afterthought—until it isn’t. From understanding contracts to navigating (oops, let’s reword that), understanding state laws, legalities shapes every step of the process.
Here’s what no one tells you about surrogacy laws and how you can approach them with confidence.
Surrogacy agreements aren’t just a formality—they’re the bedrock of the entire process. These contracts protect you, your surrogate, and most importantly, your future child. They clarify roles, responsibilities, and what happens if the unexpected arises.
Take it from me: when my partner and I began our surrogacy journey, we thought we could skip ahead to the exciting part—meeting our surrogate. But after a late-night call with a friend who had faced a legal dispute over parental rights, we realized the paperwork wasn’t just important; it was critical. Our lawyer caught potential issues we hadn’t even considered, like ensuring our parental rights were locked in before the birth.
In the U.S., surrogacy laws vary drastically by state. Some states, like California, are surrogacy-friendly, while others, like Michigan, outright ban compensated surrogacy. This patchwork of regulations can create confusion—and potential pitfalls.
If you’re in a state with restrictive laws, you may need to work with a surrogate in a surrogacy-friendly state. This impacts everything from travel to legal fees.
Pro Tip: Use GoStork’s surrogacy law map to identify states where surrogacy is legal and straightforward.
There’s a common myth that surrogates can change their minds and keep the baby. Let’s clear that up: they can’t. Once contracts are signed, surrogates waive any parental rights. These agreements also address:
Some intended parents look abroad for surrogacy, drawn by lower costs or faster timelines. But international surrogacy comes with unique legal challenges.
At GoStork, we work only with trusted international providers to minimize risks. If you’re considering this route, consult an experienced lawyer familiar with both U.S. and international surrogacy laws.
Let’s talk dollars and cents. While you might know the big-ticket items like agency fees and surrogate compensation, many parents are caught off guard by smaller, hidden costs.
Using GoStork’s cost transparency tools, you can see exactly where your money is going and avoid unwelcome surprises.
A good surrogacy lawyer is worth their weight in gold. They’ll guide you through contracts, ensure compliance with state laws, and protect your interests every step of the way.
GoStork’s concierge service can connect you with top-rated lawyers and help simplify your search. Trust me, having the right partner makes a world of difference.
Surrogacy rarely goes 100% according to plan, and that’s okay—as long as you’re prepared. Contracts should cover potential hiccups, like:
With the right legal groundwork, these scenarios don’t have to derail your journey.
Surrogacy is an incredible path to parenthood, but its legal complexities can’t be ignored. The good news? You don’t have to tackle them alone. With GoStork’s tools, resources, and expert connections, you can navigate (oops, rephrase again) simplify the process and focus on the joy ahead.
Ready to take the first step? Explore GoStork today to start your journey with confidence and clarity.