Surrogacy regulation can differ wildly from state to state and country to country. Take a look at these infographics to learn more.
The United States does not regulate surrogacy at a federal level. States regulate surrogacy through statutes (legislation) and case law (court cases).
Note: This map and accompanying map narrative are intended to provide information regarding legal rights in the United States. Because laws and legal procedures are subject to frequent change and differing interpretations, we cannot ensure this information is current nor be responsible for any use to which it is put. Do not rely on this information without consulting with legal counsel in the state where you plan to work with a person acting as a surrogate and the state in which you reside. US map updated by National Center for Lesbian Rights.
Click here for a detailed narrative on each state.
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There is no international regulation of surrogacy. Surrogacy laws vary considerably around the world, and many countries do not regulate commercial or altruistic surrogacy at all. In some countries, like the United States, Australia, and Mexico, regulations vary by state. Intended parents pursuing surrogacy arrangements should independently verify the laws in the country where arrangements are being made and in the country where they plan to reside. Practices on the ground do not always reflect the laws of that country.
It is very important to know that most US family law organizations and attorneys with expertise in surrogacy and LGBTQ family formation recommend against engaging in international surrogacy: people who hire a surrogate in another country have sometimes been unable to bring their child home because they could not establish their child as a United States citizen. This is true for other countries as well.
A version of this article was originally posted at Surrogacy 360 and is reposted here with permission. Surrogacy 360 can be found on Twitter @surrogacy360
