Best and worst states for Surrogacy

Wondering what are the best states for surrogacy? Wondering what are the worst states for surrogacy? Don’t worry--we will break it all down for you.

But first, let’s talk about what makes a state surrogacy friendly.  Here’s what we look for:

• The state has clear laws on legal parentage.

• The state offers the ability to obtain a birth certificate with the intended parents’ names, through a pre-birth order (PBO) or otherwise.

• Surrogacy contracts are legal and enforceable.

• The state offers easy access to top-notch fertility clinics.

• Good medical care and Level III NICUs are available.

• Surrogacy friendly insurance policies are available.

• The state is affordable for the regular guy (hey, we know not everyone has Kim Kardashian’s wallet).

When it comes to the Western United States, Nevada, Colorado and Washington rank as the best.  These three states have strong laws, which protect both intended parents and gestational carriers.  And surrogacy insurance is readily available in Colorado, Washington and, especially, Nevada. Nevada even has a specific law guaranteeing insurance coverage for surrogacy-we especially like that, thank you Attorney Kim Surratt for making that happen!

Are you surprised to not see California ranked among the best of the best?  After all, California has one of the best surrogacy laws on the books. The problem is that California has simply become very expensive for surrogacy and the typical intended parent can be priced out of the surrogacy market in California. 

The good news is that other nearby states offer good alternatives, at lower cost.  Oregon, Idaho, Montana, and New Mexico are all good choices for gestational surrogacy.  So is Utah for certain intended parents. The reason is that it has some restrictive surrogacy laws that offer better protections for some intended parents than others.  Recent challenges to the law have helped make it a uniform playing field, but there are still some extra steps involved in the legal process. Don’t worry, the team at Southwest Surrogacy will make sure that our Utah surrogates are only matched with intended parents who can fit into the legal requirements for Utah.

And then we get to Arizona.  Arizona has some confusing laws on the books about surrogacy.  The end result is that even surrogacy attorneys cannot agree whether surrogacy in Arizona is legal.  Hmmmm . . .     

The good news is that intended parents in Arizona can pursue surrogacy in other states, including Nevada, New Mexico, and (sometimes) Utah.  Arizona intended parents, we’re happy to have you come to these neighboring states for surrogacy.

So that’s the scoop on the western part of the United States when it comes to surrogacy.  

Interested in becoming an intended parent? Interested in becoming a surrogate? Contact us today to learn more.