What should I pay attention to when applying for surrogacy in the United States?
1。Legal Risk: Interstate Legal Differences and Compliance Review
Inter state legal differences
The legal regulations on surrogacy vary significantly among different states in the United States, and it is important to focus on the legal framework of the target states
States that allow surrogacy: California, Illinois, Texas, Massachusetts, New York (legalized in 2021), New Hampshire, Washington, Oregon, etc., provide clear legal protection, including the validity of surrogacy contracts and confirmation of parent-child relationships.
States that restrict surrogacy: Pennsylvania, Connecticut, Delaware, Hawaii, etc., require surrogacy contracts to be reviewed by the court or meet specific conditions.
States that prohibit surrogacy: Louisiana, Michigan, Nebraska, South Dakota, Wisconsin, etc. explicitly prohibit surrogacy behavior, and violators may face legal penalties.
Suggestion: Surrogacy mothers should prioritize choosing legally friendly states (such as California) and avoid conducting surrogacy activities in prohibited states.
Legal validity of the contract
The contract must specify: the type of surrogacy (limited to complete surrogacy, where the client provides sperm and eggs), subject qualification (where the client provides medical proof of infertility, legal marital relationship, etc.), medical institution qualification (subject to approval by the state health department), fee payment (specifying basic and implicit fees), and parent-child relationship terms (where the client directly obtains parental rights without conditions attached).
Legal review: The contract needs to be reviewed by a professional lawyer and submitted to the court or health department for approval and registration, for example, California requires the court to hear and rule on permission.
2.Medical risks: Full process health monitoring and ethical constraints
Mandatory medical examination items
Basic examination: height, weight, blood pressure, heart rate, external genital/vaginal/cervical examination, ultrasound examination (uterine morphology, endometrial thickness), fallopian tube imaging (if there is a history of miscarriage).
• Endocrine and infectious disease screening: six sex hormones, thyroid function, hepatitis B/hepatitis C/AIDS/syphilis antibody detection, blood group identification (including Rh blood group).
• Pregnancy monitoring: Early pregnancy ultrasound confirms intrauterine pregnancy, mid pregnancy large rejection examination, late pregnancy fetal heart monitoring and amniotic fluid evaluation.
Ethical and health risks
• Limitations on bodily autonomy: The surrogacy agreement may require the surrogate mother to abstain from smoking, drinking, using over-the-counter drugs, etc., but it is necessary to balance the health of the fetus with the surrogate mother's bodily autonomy.
• Risk of complications: risks such as hypertension during pregnancy, diabetes, and premature delivery need to be monitored by professional medical teams throughout the process.
3.Contract Risk: Difficulties in Clause Design and Execution
Essential contract terms
• Cost terms: Clearly state the basic compensation (usually 30000-50000), the party responsible for medical expenses, and implicit costs (such as psychological counseling fees).
• Liability for breach of contract: If the surrogate mother withdraws midway, she shall return the paid fees, and if the principal breaches the contract, she shall compensate for medical and psychological losses.
Transfer of parent-child rights: It is agreed that the entrusting party shall obtain custody within 72 hours after the birth of the child, and the surrogate mother shall waive her visitation rights (some states allow a buffer period).
Execution obstacles
Non enforceable clause: Some states (such as New York) prohibit the enforcement of surrogacy agreements and require economic penalties (such as fines) to enforce compliance.
Nationality and immigration issues: If the surrogate child is a foreign national, they need to obtain nationality through adoption procedures, which may involve complex legal processes.
4.Institution selection: Legitimacy identification and fraud prevention
Selection criteria for formal institutions
Qualification certification: It is necessary to check the medical institution's practice license and assisted reproductive technology qualification (such as California Fertility Center requiring approval from the Department of Health).
• Service transparency: The fee structure is clear, there are no implicit charges, and customer feedback can be checked (such as through independent platforms or social media).
• Professionalism of medical team: Doctors need to have specialized qualifications in reproductive medicine, and embryo laboratories need to be CLIA certified.
Common fraud cases
• False advertising: promising "100% success" or "low price package success", but actually increasing the price through subsequent implicit fees.
Fake medical personnel: Hiring unqualified personnel to perform surgeries increases health risks.
Contract traps: vague fee terms, unclear legal jurisdiction (such as cross state contract disputes).
Preventive measures: Choose the top ten legitimate institutions (such as California Fertility Center, Center for Reproductive and Women's Health), consult an independent lawyer before signing the contract, and require the institution to provide past client cases and legal documents.
5.Comprehensive recommendations
1. Legal consultation: Hire a lawyer familiar with the surrogacy laws of the target state to ensure contract compliance.
2. Medical insurance: Choose a comprehensive hospital with ICU and neonatology, and purchase pregnancy insurance.
3. Psychological support: Request institutions to provide psychological counseling to prevent postpartum depression.
4. Economic planning: Reserve 10% -20% of the cost as emergency funds to cope with unexpected medical expenses.
By comprehensively understanding legal, medical, contractual, and institutional risks, surrogate mothers can maximize their own rights and reduce potential dispute risks.
