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Information on Surrogacy
Information on Surrogacy

Surrogacy Laws and Insurance Issues

Surrogacy Paperwork Defined

Surrogacy laws vary state to state and country to country. It is very important to hire a surrogacy attorney to assist with going through the laws on surrogacy that apply to your state. Both intended parents and the surrogate mother need equal representation when going through surrogacy contracts.


Please note: This site is not intended to be legal council. No portion of the ideas and concepts represented on this website should be used as a substitute for a surrogacy attorney's advice. Make sure you consult your lawyer on all issues regarding surrogacy.


The surrogacy contracts, issues and surrogacy laws can be the most frustrating and time consuming portions of the journey. They are often the most expensive portions of the surrogacy journey as well.

Oftentimes, those who are new to the surrogacy community will have questions about the legality of surrogate arrangements, surrogacy laws. This varies state-by-state.


Is Surrogacy Legal?



Getting an Attorney

surrogacy-laws-01; pomegranate, fruit symbol of infertility Almost as important as finding the perfect surrogate mother or set of intended parents to work with is finding the best, most qualified attorney to prepare your documents and represent you in your journey.

It is important to note that both the intended parents and the surrogate mother need their own attorney.

They each need to be represented, and by council that does not have a conflict of interests.

No matter who you've spoken to, no matter how close you are to your intended parents, unless they are a parent, child, or sibling of yours, if you are a surrogate mother, you need your own lawyer.

Period. There are no exceptions to this.

You Need Your Own Lawyer

Recommended Surrogacy Attorney


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The Contract

Contract negotiations can be uncomfortable and time consuming, but they are an extremely important part of any surrogate journey. The surrogacy arrangements made at this time are the foundation of the entire journey.

It is very important that your contract is well written, covers all legal aspects, and goes into detail about issues that are important to you.


What to Include in a Contract:

Surrogacy Contract Checklist

Surrogate Health and Life Insurance

Unexpected Circumstances in Surrogacy

Income Taxes for Surrogate Mothers

IVF Transfer Issues

Surrogacy Doctors

Abortion and Selective Reduction

Invasive Procedures

Common Sense Clauses in Surrogacy Contracts

Planning Delivery of a Surrogate Baby

Breast Milk in Surrogacy Agreements

Contact After Birth Between Surrogates, Intended Parents, and Surrogate Babies

Privacy Issues in Surrogacy

Surrogate Compensation in Contracts

Ending the Surrogacy Contract



surrogacy-laws-02; picture of surrogate mother Rayven Perkins Do you have a question for a surrogate mother?

Is there something I, Rayven Perkins, can help you answer?

Visit our new "Ask a Surrogate" forum for questions and answers to your questions.

View those that others have asked, or ask you own.


Visit Ask a Surrogate






Other Lawyer Assistance

surrogacy-laws-03; pregnant surrogate mother and son Surrogacy attorneys don't just make up a contract for intended parents and go over a contract for surrogate mothers.

They can also be hired to take care of the important tasks having to do with getting the paperwork done for the arrival of the surrogate baby.

These tasks will vary by state, as each state has different regulations and surrogacy laws.

Surrogacy lawyers can also be counted on for support when things go bad, either with the parties in the surrogacy arrangement, or with others involved in the journey, such as doctors, insurance companies, or hospitals.

PreBirth Order & Birth Certificates

Step Parent Adoption

DNA Testing

When things Go Wrong




Surrogacy Health Insurance

Medical insurance is usually the most frustrating part of the beginning portion of a surrogate journey. Insurance companies are usually clueless when it comes to discussing a surrogacy, and intended parents and surrogate mothers alike can become very confused about the wording and exceptions in insurance policies.

Who Pays for Insurance

Common Insurance Questions

Obtaining Surrogate Health Insurance

Surrogacy Insurance Myths by Lynlee Weber

About State Funded Insurance

Discount Cards and Plans

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There is a lot of information about lawyers, contracts, and medical insurance on these pages. Again, please consult a surrogacy attorney on specific legal advice. This information is provided for informational purposes only.


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