What are the laws related to gestational surrogacy in the United States?

Gestational surrogacy is a process by which a surrogate carrier agrees to carry and deliver a baby on behalf of the intended parents. In the United States, laws and regulations governing gestational surrogacy vary from state to state. In Washington, according to the Washington State Department of Health, gestational surrogacy agreements are not regulated or enforced by state law. In Washington, surrogacy arrangements can be structured in a variety of ways, depending on the parties involved and the intent of the arrangement. Depending on the structure of the arrangement, different legal considerations arise. Under Washington law, all surrogacy agreements must be in writing and include certain provisions, including those addressing compensation for the surrogate and any expenses related to the pregnancy and birth. In Washington, there are certain restrictions in terms of who can enter into a surrogacy agreement. For example, surrogate carriers must be over the age of 18 and legally married. The intended parents must be legally married as well, and must also be domiciled in Washington. In addition, all surrogacy agreements must be made with the consent of a court. Despite the lack of specific regulation in Washington, surrogacy arrangements have been upheld in the state. It is important, however, for those considering surrogacy in the state of Washington to seek the assistance of a qualified attorney in order to understand their rights and obligations and ensure that the surrogacy arrangement is conducted in a legal and protected manner.

What are the laws related to gestational surrogacy in the United States?

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