American Legislation towards Surrogacy
Surrogacy in the USA has been highly-developed and wide-spread process since 1991 when Congress allowed the usage of such kind of infertility treatment. But despite its popularity, surrogacy in the USA is officially permitted only in 8 among 50 states. 4 states like Arizona, New York, Utah, Washington and federal district Columbia view surrogacy illegal. Speaking about the legal aspects, there is no united legislative base which regulates usage of surrogacy in all the U.S. states. The Constitution of the country allows each state to adopt legislative acts in the sphere of medicine including surrogacy laws on their own.
That’s why, foreign intended parents who are going to go through surrogacy in the USA should get the detailed legal consultation about the child’s registration in the state they’ve chosen.
The U.S. clinics make the following demands for the potential surrogate. Only adult women under 35 can take part in the program. Surrogate MUST be married and have at least one healthy child. She have to pass all the required examinations and checkups. It’s out of the question, surrogate MUSTN’T have any bad habits, genetic, mental and hereditary diseases.
On the other hand, not long ago, a special surrogacy law which regulates paid surrogacy in the country was adopted. According to it, only financially stable women are accepted to become surrogate mothers. American government supposes that this will help to avoid cheating and make women to help childless spouses not solely on the funds.
It’s necessary to point out that legal surrogacy contracts forecast not only duties and requirements for both, surrogate and intended parents, but also who will take care about the child in the cases of parents’ death.
As in any other country, surrogacy in the USA has it’s pros and cons. But spouses who have faced the infertility or same-sex couples who dream about the child don’t have another choice to get such a desired baby.