Introduction

UNITED STATES: AMERICAN IDENTITY

The legal issues of surrogacy are under the jurisdiction of each state and the legal situation varies greatly from one state to another. The states that are permissive with surrogacy  and where contracts are considered legal are:  California, Illinois, Arkansas, Maryland and Utah, among others. For legal purposes, what matters is where the contracts are drawn up and signed, where the pregnant woman resides and where the birth takes place. All family models can be accessed, without the need for genetic load with the embryo to be implanted.

Surrogacy

The legal issues of surrogacy are under the jurisdiction of each state and the legal situation varies greatly from one state to another.

Some states have written legislation on the Surrogacy  Act, while others have developed common law regimes to deal with surrogacy problems. Some states facilitate surrogate pregnancy and the drafting of surrogate pregnancy contracts, others simply refuse to legislate and some others penalize commercial surrogacy.

In the states where there is a Surrogacy Law, commercial or altruistic surrogacy contracts can be made and procedures are facilitated so that the ordering parents or parents of intention are recognized as the legal parents of the child. Other states are relatively permissive with surrogacy and they only offer support to married heterosexual couples.

The states that are permissive with surrogacy and where contracts are considered legal are: California, Illinois, Arkansas and Maryland, among others.

For legal purposes, what matters is where the contracts are drawn up and signed, where the surrogate woman resides and where the birth takes place. Therefore, people who live in a state where surrogacy is not allowed can benefit from the policies of the states where it is allowed, hiring a surrogate mother who lives and will give birth in that state.

Arkansas

Arkansas was one of the first states to enact surrogacy laws. In 1989, under then-Governor Bill Clinton, Law 647 was passed, which establishes that in a surrogacy agreement, the biological father and his wife will be recognized as the legal parents of the child from birth, even if his wife was not genetically related to the child (that is, in a traditional surrogacy agreement). In the event that they were not married only he will be recognized as the legal father. A woman can also be recognized as the legal mother of the surrogate mother’s genetic child as long as the child has been conceived with sperm from an anonymous donor. On the other hand, it is not clear how or when same-sex couples could benefit from these laws, since the electoral measure of 2008, declared the adoption by unmarried and unmarried couples illegal.

California

California is known to be a permissive state to Surrogate Gestation. Commercial surrogacy is allowed, regular surrogacy contracts are enforced and it makes it possible for ordering parents regardless of their marital status or sexual orientation to establish their legal filiation before birth and without adoption procedures (pre-birth orders)

Michigan

Michigan absolutely prohibits all surrogacy agreements. It is a felony to sign such an agreement, which is punishable by a fine of up to $ 50,000 and up to five years in prison. The law makes agreements of Surrogate Pregnancy inapplicable.

NY

The New York law maintains that commercial surrogacy contracts contravene public policy and provides for civil penalties for those who participate in them or facilitate a commercial surrogacy contract in New York. Altruistic surrogacy contracts are not penalized, but neither are they applied. New York recognizes prior birth filings in other states, and allows the alternative of adoption after birth by the ordering parents.

Action Protocols

Actuation Protocols in the USA. Approximate amounts, including an embryo transfer.

1) USA IVF + Own eggs + Transfer to American SM + Birth in California: U$S 110.000

This alternative is for all family models, who wish to perform IVF with own gametes + embryo transfer in American clinic and calving in California.

2) USA IVF + Egg donor + Transfer to American SM + Birth in California: U$S 125.000

This alternative is for all family models, who wish to perform IVF with egg donation + embryo transfer in American clinic and delivery in California.

3) USA Frozen Embryos + transfer to American SM + Birth in California: U$S 85.000.-

This alternative is for all family models, who already have their embryos in their local clinic and wish to send them to the USA to carry out the embryo transfer in American clinic and delivery in California.

4) USA Embryo Adoption + transfer to American SM + Birth in California: U$S 100.000.-

This alternative is for all family models, that can not conceive embryos with their own genetic load. They are offered an Embryo Adoption Program, and may have genetic material donated by other couples (anonymous) to carry out the embryo transfer in the American clinic and birth in California. The child conceived will not have the DNA of the contracting parents.

Reference Clinic

IVF New England

Fertility treatment center in Boston. It helps people to become parents since 1988.

www.ivfne.com

La Jolla IVF

More than 100 years of collective experience in the field of human reproduction.

www.lajollaivf.com

INITIAL CONSULTATION

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AGAR
Certified Medical Tourism Professional
American Society Reproductive Medicine
European Society of Human Reproduction and Embryology
Association of Reproductive Managers