Imagine that you and your spouse want to have a baby, however, you are unable to conceive due to a number of reasons. Your friend knows how much you would love a baby and offers to help you and your spouse out: she will carry your child for you. It’s an exciting time for you! The opportunity to have the family you always want…until you look up the laws of your country or state and realize that surrogacy is banned. Flash to a few weeks later when you and your partner decide to do surrogacy in another country where it is legal. You get excited again! Until, you discover that you would be unable to return home with your child because your country will not legally recognize you as the parent or your child as a citizen of their country.
For couples with fertility issues or for same-sex couples, surrogacy is a viable option to create a family. The sad fact remains though that surrogacy is many forms is illegal or banned in many parts of the world and even within the United States. For instance, in the United States there is not a nation-wide law on surrogacy. Rather, the states are responsible for surrogacy laws, which makes it difficult for individuals who live in states that do not permit surrogacy. Furthermore, most states do not have laws concerning surrogacy. Though some people do enter surrogacy contracts in those states, it can be very risky if one doesn’t receive legal counsel beforehand.
Additionally, some states in the U.S. do not allow same-sex couples to enter into legal surrogacy contracts. Some states say that a couple wanting to use a surrogate must be “married.” With the new marriage equality legislation, same-sex couples should fall under the article of “married” (if they are married), however, there haven’t been any reported surrogacy cases involving same-sex couples yet to determine how states will react with the marriage equality law. Even more unfortunate is that many countries around the world will not allow same-sex couples to have a child via surrogacy due to intolerance of the LGBT community.
Although surrogacy can be risky and complicated, the joy of creating one’s family through surrogacy is not. Many couples and singles, straight or gay, and even celebrities like Sarah Jessica Parker, Elton John, Neil Patrick Harris, and Nicole Kidman (among many others!) have found happiness through surrogacy. So for those interested in surrogacy, we’ve made a list for you in regards to surrogacy around the world (and in the U.S.). Remember, if you do decide to move forward with surrogacy, be sure to contact a reputable surrogacy agency like, Fertility Source Companies, for more insight into the process.
To see the full article by Alex Temblador of The Next Family, please visit http://thenextfamily.com/2015/08/surrogacy-laws-around-the-world/