History

• Until 2002, there were few laws regarding surrogacy. However, with increased demand for surrogate services, states are passing and enforcing more laws relating to surrogacy.
  
  

Function

• Surrogacy provides couples who cannot have a baby themselves the ability to have offspring that is at least partially genetically theirs. Most surrogate relationships begin through an agency who matches surrogates to prospective parents. Surrogacy laws provide legal guidelines pertaining to surrogacy and the rights to the child.
  
  

Types

• There are a few different types of laws regarding surrogacy. For instance, in some states, surrogacy law prohibits surrogacy for unmarried couples. Other states simply prohibit surrogacy of any kind. Surrogacy with compensation is illegal in some states.
  
  

Considerations

• Because surrogacy laws vary from state to state, and because of their loose wording, getting a lawyer is absolutely necessary. In all cases of surrogacy, the prospective parents pay all medical costs during pregnancy for the surrogate, and in many cases living expenses, also. Surrogacy is not a cheap option, since medical costs during pregnancy are high. Add legal costs to these, and it becomes a very large number.
  
  

Misconceptions

• Most surrogate mothers have no problems giving up the child at the end of the pregnancy. They consider themselves carriers of the young life, but not the mother. There are cases of the surrogate changing her mind, but it is not common.
  
  

Benefits

• Surrogacy laws provide guidelines to those wanting to use surrogacy regarding the legality and enforceability of the surrogacy and guardianship. The laws ensure protection of the rights of the surrogate mother and the prospective parents.
  
  

Warning

• In most cases, the surrogacy laws favor the surrogate mother's rights as opposed to the prospective parents' rights. This is due to the fact that legally a child's mother is the woman who gave birth to them. While it's not a common occurrence, it does happen that the surrogate mother changes her mind. In that case, if the egg or sperm came from the prospective parents, it does have an effect on the legal guardianship of the child. In these cases, it is a court issue, and a judge decides where the child ends up.