Evidence-Based. Clearly Delivered.
Evidence-Based. Clearly Delivered.
United States laws governing surrogacy agreements and gestational carrier compensation vary by state and individual, depending on sexual orientation and marital status. States are still grappling with the issues of how to balance reproductive rights, how to prevent exploitation of gestational carriers, and how to safeguard the unborn child. Presently, New York and a few other states prohibit surrogacy. Other states including Arkansas, Delaware, Florida, and Illinois allow for gestational surrogacy. Most recently in May 2018, New Jersey, after two previous failed attempts to regulate surrogacy, the governor signed into law a bill to regulate gestational surrogacy in which doctors take a fertilized egg from the intended mother and implant it in the surrogate’s womb. A contractual agreement will require the surrogate mother to immediately relinquish all parental rights to the child, including rights to custody, parenting time or support.
Due to the changing legal landscape in reproductive medicine, the state of Hawaii recently issued a report that discussed studying gestational and carrier agreements. The next step will be to ask for a two-year working group convene to consider whether to amend Hawaii laws to include regulation and protection of rights of all parties involved in surrogacy arrangements and, if so, the best way to do so. This is necessary due to people’s strong desire to be parents even if unable to bear a child, and the frequency of surrogacy arrangements in the state. The working group will report to the state’s Attorney General.
Surrogacy in the state of Hawaii
Transnational surrogacy: Canada’s contradictions
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