There is no question that surrogate motherhood is a contentious issue.There are many people who believe it is a life-giving, liberating process, giving hope to those who cannot conceive on their own.There are others who are uncomfortable with the process, because they don not like to see nature being tampered with.
Given the strong opinions on both sides of the issue, it is not surprising that the laws governing surrogacy vary widely from country to country, and from state to state.
Some states, such as Alaska, have no laws pertaining to surrogacy.It's a bit like the Wild West.Surrogacy has been likened to adoption there, which is in fact just part of the process.In fact, most states have no laws directly governing surrogacy, and in several that do, no pre-birth order is permitted.
The State of New York has a full-scale ban on surrogacy.It is simply not allowed.You can be fined *** just for participating in a surrogacy arrangement in New York.Harsh, perhaps? Yes, but not as harsh as the *** fines and five years in prison that a surrogacy agreement could cost you in the State of Michigan.
The State of New Jersey forbids traditional surrogacy, but permits gestational surrogacy.It is a bit of a game of chance as to whether a pre-birth order can be obtained (for adoption in advance of the birth).Several other states that permit gestational surrogacy do not permit traditional surrogacy, so New Jersey is not alone.
The State of Florida is in fact one of the most surrogate-friendly states in the Union.In Florida, both gestational and traditional surrogacy are permitted, making it one of the few states so open on both fronts, and there are laws governing each one, so as to protect all parties involved.Pre-birth orders are also common, greatly aiding in securing a legal framework for each arrangement.
Gestational surrogacy, whereby the egg of the intended mother or of a third-party donor is fertilized and then inserted into a surrogate mother, is governed by Florida Statute *** Agreements are permitted under this law only between married couples, and they must include a signed contract.Surrogates get expenses reimbursed, including a stipend for the time they are pregnant, but they are not allowed to charge a fee for service, so costs are minimized.
Traditional surrogacy, also commonly called "genetic surrogacy", and in Florida also called "pre-planned adoption agreements", are governed by Florida Statute *** Because the surrogate mother provides her own egg, she is also the biological mother.Therefore, Florida State law gives her seven days after the birth to change her mind, although this is not something that typically happens.As with gestational surrogacy, no compensation is allowed for traditional surrogacy, but living expenses and reimbursement for out-of-pocket costs are permitted.
If you wish to enter into a surrogacy arrangement, Florida is definitely a top-ten state to consider.Both traditional and gestational surrogacies are permitted, pre-birth orders are typical, contracts are required and costs are legally kept under control.Above all, avoid moving to Michigan, or you could find yourself paying not only a hefty fine, but also time behind bars.
