Surrogacy in USA
As, according to the Constitution, each of the states has the right to regulate independently the laws in the field of health care, there is no common for the entire country act of norms regulating the surrogate motherhood procedure. To this very moment it is possible to use the service of a surrogate mother on a legal basis in 8 states. California is considered to be one of the world’s centers of surrogate motherhood on a commercial basis.
As late as in the 20s of the previous century a bill was passed allowing the procedure. In spite of the veto, imposed by the governor, already in a year, after the corresponding decision of the Supreme Court, all the rights concerning the newborn baby started to be given to the couple who has made an agreement with the substituting mother.
Later on this principal obtained legislative basis. In 1981 in the state of Michigan the first clinic for the surrogate motherhood was established. In Virginia in 1993 the principles, on the basis of which the procedure of surrogate motherhood can be performed were defined and the requirements needed for a substitute mother were formulated. A surrogate mother must have children of her own, be married and give her husband’s agreement to participate in the program – by law her husband must be present while signing the contract in court.
A legal mother must supply evidence proving that she cannot bear and give birth to a child on her own. Up to the moment of passing the baby to the parents, his interests are represented by an appointed by the court guardian. The procedure is impossible when donation of both oocytes and sperm takes place. In such states as Utah, Arizona, and New - York, Washington and also in the District of Columbia surrogate motherhood hasn’t become legal even by now. The rest of the states take decisions individually depending on the situation. The general cost of a surrogate mother services fluctuates from 50 to 100 thousand dollars and includes, besides the fee itself, the services of a lawyer, medical insurance and other accompaning expenses.
You can see the list of the Surrogate Motherhood Agencies in the USA here