Legal situation in Florida/ United States of America


The United States of America is the country that has been carrying out surrogacy processes for the longest time. The first processes were known in the 80s, almost four decades ago. It is the traditionally best known country since most celebrities have chosen it, not only because it is the most reliable destination but also because it has the most permissive laws, as is the case of California. That is why it has become one of the most popular states to carry out these types of processes.

 

1. USA Law

The United States of America is distinguished by being a federal republic where each state has its own laws. This is evidenced in Surrogacy and, for that reason, some states prohibit surrogacy and some others allow it.
 

2. States where surrogacy is regulated

In every State where surrogacy is allowed, the surrogacy laws are established and enforced by the state itself. However, it is generally also allowed for any type of family structure. The surrogate mother must choose the intended parents who, in turn, may accept her or not. Among the 13 States where surrogacy is allowed, California stands out and it is the most wanted destination. In Utah or Washington surrogacy is altruistic and commercial surrogacy is punished.

Secondly, there is a group of 15 States called "surrogacy-friendly States", in which Idaho, Connecticut or Rhode Island are included and are in favour of this type of maternity, although it is true that they do not have any law that regulates surrogacy. It is the Court who make the decisions in every single case.
 

3. States where surrogacy is not regulated

Thirdly, there is another group that includes those States where surrogacy is prohibited. Among these states, such as Arizona, Michigan and New York, there are some that even consider surrogacy a criminal offence. Therefore, fines and imprisonment are imposed not only on the intended parents but also on anyone who takes part in the surrogacy process whereas others do not impose any penalty: they simply declare the surrogacy agreement null and void.
 

4. Type of surrogacy

Like in most of the countries, gestational surrogacy is the one that is being carried out in the United States of America. It is the one in which the surrogate mother does not provide genetic material (prohibited in most of the countries where surrogacy is carried out). The genetic material is either provided by the intended parents or by a donor, who may be both egg or semen donor and who may be chosen or anonymous.
 

5. Health insurances

In the United States of America, health service is private. Thus, all the expenses that may arise from a surrogacy process must be paid by the intended parents. Therefore, to avoid possible unforeseen medical expenses it is advisable to make sure that the surrogate mother will be covered by her medical insurance. If this is not the case, it is advisable to purchase an insurance for the surrogate mother so that she is covered, as well as an insurance that covers the baby’s expenses since the surrogate mother’s insurance will not cover them. Expenses arising from incubator, surgeries, twin pregnancies, etc. shall be included in this insurance.

Advantages and Disadvantages of USA


ADVANTAGESDISADVANTAGES
A judgement with the names of both intended parent is obtainedThe judgment must subsequently be recognised in your country of origin.
Any type of person can carry out surrogacy processes, regardless of their marital status or sexual orientation (married couples, common-law couple, single men and women, homosexual couples).There is no social security. Therefore all medical expenses that may arise are at your expense.
There is no fixed-price. If there are extra expenses, such as incubator ones, etc., you will have to pay for them and the cost of the process can skyrocket
There is a lack of surrogate mothers, so the time of appointment of a surrogate mother can take between 6-8 months
The agency appoints you a surrogate mother, but she has to accept you as intended parents.
The cost of processes is the most expensive in the world. A process costs between €90,000 and €180,000, if there are no surprises.