ABA Family Legal Guide

Health-Care Law

Specific Issues in Health Care

Assisted Reproductive Technologies

Is surrogacy legal?

Whether a surrogacy agreement will stand up in court depends on the state in which you live. Both legislatures and courts are suspicious of any contract that involves the payment of fees in exchange for a baby. Some states will uphold the arrangement if there is a contract clearly outlining the responsibilities of the parties. Some states require the intended father's wife to adopt the baby as though she were the baby's stepparent. Some states refuse to recognize any type of contract that transfers parenthood from a surrogate to the couple who contracted with her; others won't recognize contracts where the surrogate is paid.