Surrogacy is the arrangement of one family member to take care of the health or financial needs of a child or other loved one. In some situations, it’s even possible to have a third party assume parental responsibilities for you.
This article explains what surrogacy is and where you can find help through surrogacy in the USA. Keep reading to discover more information about this legal option.
Surrogacy in the USA: What’s the difference?
USA surrogacy can be similar to gestational surrogacy, with the biggest difference being that you are the one who requests the procedure. In gestational surrogacy, the surrogate mothers is pregnant with the intended parent’s baby and signs an agreement to act as a surrogate mother. Gestational surrogacy only works in the case of healthy, mature surrogate women. If a surrogate mother is under the age of 18, then she is considered to be an underage surrogate.
If a surrogate mother is over the age of 40, but under the age of 40, then it is referred to as a late surrogate. The third situation is where the surrogate mother is 40 or older and the intended father is younger than 40. If the surrogate mother is over 40 and the intended father is younger than 40, then it is referred to as an incestuous surrogacy. The last situation is where the surrogate mother is 40 or older and the intended father is younger than 40.
Surrogacy-Related Legal Issues
Like all paternity lawsuits, the surrogacy legal battle will revolve around one main issue: who is the father? The answer to that question will have a big bearing on the success of your surrogacy efforts. There are three main categories of courts in the USA that will decide your surrogacy case.
The first is a Family Court, which is the equivalent of a judge in a civil suit. The Family Court will rule on your paternity case. The second is a Federal Court, which is the highest court for your surrogacy case. The Federal Court will rule on your surrogate mother’s paternity case. Finally, there is the Supreme Court, which will decide if a specific law is constitutional or not.
How to Apply for Surrogacy in the USA?
If you are interested in surrogacy in the USA, you will first have to apply to have it done legally. Unlike many countries, where you can go to a clinic and have fertility treatments done, you will have to apply to have your eggs or surrogates fertilized in order for you to become pregnant.
You will then have to pay for everything related to the fertilization and birth of the baby. This includes medical care for the surrogate mother and the baby, as well as the medical care for the intended father. If you are successful in your application to have surrogacy in the USA, you will be given a date by the court when the baby will be born. You will then have to figure out how to safely get the surrogate mother and baby to the hospital.
Key Takeaway
Surrogacy is a legal option for couples who do not want to bring a baby into the world by themselves. The main difference between surrogacy and egg or sperm donation is that in surrogacy, you are the one who requests the procedure, while in donation, someone else makes the decision.
Since everything is done legally, there are no strings attached and you are the one who chose to have a baby by surrogacy, it can be done safely and inexpensively. If you are interested in surrogacy in the USA, you will first have to apply to have it done legally.