Legal Overview of Surrogacy Laws by State

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Kentucky prohibits surrogate programs, and prohibits receiving payment in exchange for termination of parental rights. However, based on certain programs in operation in the state, it seems that the law generally goes unenforced.

Oklahoma says that if the husband and wife consent to an egg donation, the resulting child is theirs. Therefore, by having the surrogate's husband deny consent, the law is effectively nullified.

 


These states recognize surrogacy, and, with varying degrees of state intervention, allow for its practice.

 


Arizona law criminalizes all forms of surrogacy, paid or not paid, but this law was held unconstitutional by the Arizona Supreme Court in 1994.


These states simply say that surrogacy contracts are unenforcable, but do not inhibit one from entering into them. These laws would only apply if both the couple and the surrogate are from that same state.

 


These states have no specific legislation in place regarding surrogacy.

 


California has" case law" (not codifided law) regarding surrogacy, and recognized "case law" from the courts as constituting "The Law" in the state of California

Editor's Note:
When entering into any surrogacy arrangement, it is important to obtain current and detailed information on the legal position of surrogacy from the state in which each participant resides. As surrogacy becomes a more and more often selected family-building option throughout the 50 states, laws are continually being changed and updated. For more information, review Individual State Laws Governing Surrogacy provided on www.surrogacy.com

Information Last Updated: March 1997.
*Special thanks to Steve Litz, of Surrogate Mothers, Inc. for assistance in the preparation of the above information.
Copyright 1997. The American Surrogacy Center, Inc.(TASC), Marietta, GA

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