Due to legal protections regardless of citizenship, background, sexual orientation, or relationship status, the United States has proven to be the most favorable country to pursue surrogacy. Because there are no federal surrogacy laws in the United States, each state varies in how they approach the surrogacy process. Fortunately, many states are great for surrogacy, however, hiring an experienced surrogacy lawyer is crucial as they can skillfully navigate through legal requirements, draft necessary contracts, and ensure that parental rights are established. Let’s review what you need to know about the surrogacy process in the U.S., whether you are a domestic or international intended parent.

Finding Your Surrogacy Agency in the United States

Surrogacy agencies offer a range of services that help guarantee that your surrogacy process is smooth. They skillfully match intended parents and surrogates, facilitate physical and mental health screenings for potential surrogates, and also help coordinate any necessary appointments with clinics, attorneys, counselors, and more. Finding a surrogacy agency in the U.S. that meets your specific needs may feel intimidating, especially if you live in a different country.

Klein Fertility Law is an experienced surrogacy law firm that can help guide you in finding a reputable surrogacy agency that meets all your requirements. Once you have selected a surrogacy agency to work with, we will work closely with you and the agency to navigate through the complex surrogacy laws and ensure all legal aspects of the surrogacy process are properly established, allowing you time to focus on what matters most — preparing for your newborn baby.

Surrogate Matching Process

An ethical surrogacy agency in the United States should focus on understanding the key factors that intended parents and surrogates are looking for throughout their surrogacy journey. Some key factors that tend to be important to intended parents and surrogates are the level of communication each party prefers, the location of the surrogate and the intended parents, and the number of embryos to transfer. A surrogacy agency should consider all key factors when matching intended parents and surrogates.

The Legal Aspects of Surrogacy

Navigating through the legal complexities of surrogacy requires thorough preparation and professional guidance. Engaging an assisted reproduction lawyer that specializes in surrogacy arrangements can help guarantee that all legal aspects are addressed properly, providing peace of mind throughout the journey.

Your surrogacy lawyer will guide you through the legal process in the state where the surrogate resides. Some states have clear legal frameworks that support surrogacy agreements, while others may not recognize them at all. Your surrogacy lawyer will draft a comprehensive surrogacy agreement that will outline the rights and responsibilities of all parties, including medical decisions, financial arrangements, and what happens in case of unforeseen circumstances. Securing legal parentage is a very important piece of this process. Many states allow intended parents to obtain a pre-birth order, which recognizes them as the legal parents before the baby is born.

Surrogate’s Medical Procedures

Prior to an embryo transfer, the surrogate must first submit to a variety of tests, exams and procedures, that may include:

• Bloodwork that will check for infectious diseases.
• Pap smear and physical exam.
• Hysteroscopy, which involves a thin scope inserted through the cervix to determine the shape and the size of the uterus and ensure the fallopian tubes are unobstructed.
• A saline sonogram, which is a specialized ultrasound procedure used to examine the uterus.

Once the surrogate has been fully screened and the surrogacy agreement has been signed by all parties, the surrogate and the IVF clinic will coordinate to initiate the process for the embryo transfer. The timing of the embryo transfer will vary depending on whether the intended parents choose to proceed with a fresh or frozen embryo transfer. The surrogate will first begin hormonal treatment to prepare her uterine lining for implantation followed by regular ultrasounds and blood tests to ensure she is advancing through the process appropriately. Once it is determined by the IVF physician that the surrogate is ready for an embryo transfer, the best-quality embryo(s) will be transferred into the surrogate’s uterus using a thin catheter, typically guided by ultrasound. The transfer is typically a 10-minute procedure that is quick and painless. Most IVF physicians will require that the surrogate rest for a few days after the transfer. About two weeks after the procedure, the surrogate will complete a pregnancy test with an IVF clinic to confirm pregnancy.

Birth and Return Home

The birth of the baby is the most exciting part of the surrogacy process. Leading up to the delivery, Klein Fertility Law will secure your parentage, communicate with the delivering facility regarding your upcoming delivery, and guide you through all post-birth protocols and expectations, including all requirements that must be met to travel home with your newborn baby. It is standard that the intended parents are present at the time of birth to witness this incredible experience, make all medical decisions for their baby, and complete all necessary hospital paperwork.

Surrogacy Process in the USA FAQ

 How does surrogacy work in the United States?

Surrogacy in the United States can be a long process. To help avoid any unnecessary setbacks, you should consult with a surrogacy lawyer to understand the logistics of this process. At Klein Fertility Law, we can guide you in securing the right professionals for your family-building team.

Once you have successfully matched with a surrogate in the U.S., you will:

1. Enter into a Gestational Surrogacy Agreement with your surrogate.
2. Prepare for the embryo transfer.
3. Establish parentage.
4. Prepare for birth.
5. Travel home with your baby.

 What types of surrogacy arrangements are available in the United States?

Surrogacy can take many forms in America, including gestational or traditional, compensated or altruistic, independent or agency-assisted, and domestic or international. Most intended parents work with a surrogacy agency to assist in matching them with a surrogate who will be compensated for their services.

 Who can pursue surrogacy in the United States?

Whether you’re in a heterosexual relationship, part of an LGBTQ couple, or a single intended parent, you can pursue surrogacy in the U.S. This is just one reason why so many intended parents choose to pursue surrogacy in the United States.

 How long does the surrogacy process typically take in the United States?

There’s no set time frame for surrogacy, but the process usually takes between 15 and 18 months, starting from submitting your application to holding your newborn child in your arms.

 Can same-sex couples or single individuals pursue surrogacy in the United States?

Yes! Same-sex couples and single individuals can pursue surrogacy in the U.S. However, the process can be more complicated depending on which state your surrogate resides. A surrogacy lawyer can help you navigate the process and make your dreams of starting a family come true.

 How are parental rights established in a surrogacy arrangement in the United States?

Because the laws vary from state to state, it is important to contact your assisted reproduction lawyer who specializes in surrogacy in the United States to outline the legal process to establish your parental rights.

 How can I learn more about surrogacy laws and regulations in the United States?

Contact one of our expert surrogacy lawyers at Klein Fertility Law. Because surrogacy laws vary from state to state, it is important to speak with us so we can help you understand the specific surrogacy laws and regulations in the state where the surrogate resides and help you choose the ideal state to pursue surrogacy in.

Navigate the Surrogacy Process in the United States with Confidence

The surrogacy journey is beautiful with many complexities associated with it. Klein Fertility Law can help simplify the process by guiding you throughout your surrogacy journey allowing you to have the peace of mind you deserve as an intended parent. Contact us today to schedule a free consultation.

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