Resources for Surrogates

Surrogacy laws in the United States can be confusing. Unlike many countries, there are no federal surrogacy laws. Instead, each state has its own legislation, which directly impacts the rights of both intended parents and surrogates.

For surrogates, one of the most important aspects to understand is how your state’s laws affect birth certificates. Whether or not your name appears on the document can influence your emotional experience, privacy, and the ease of legal proceedings.

The Landscape of State Laws

Understanding how state laws handle surrogacy birth certificates is crucial for peace of mind. These laws determine whether your role will be documented after delivery.

• States where the surrogate’s name is generally omitted:
  California, Connecticut, Delaware, New Hampshire
  

• States where the surrogate’s name may appear:
  Michigan, Nebraska, New York* (New York lifted its ban on paid surrogacy in 2020, but specific requirements still apply.)

It’s important to remember: the applicable law is based on the surrogate’s state of residence. For example, if you live in Nevada, you cannot choose to deliver in California simply for convenience.

What This Means for You

1. Personal Comfort and Emotional Well-being

For some surrogates, having their name on the birth certificate may feel like a constant reminder of the journey. Others may find comfort in closing this chapter without ongoing legal ties.

2. Ease of Legal Proceedings

In states that omit the surrogate’s name, the legal transfer of parental rights is usually smoother and less stressful for both surrogates and intended parents.

3. Privacy and Confidentiality

For surrogates who wish to keep their journey private, living in a state that excludes their name from the birth certificate can help maintain confidentiality after the process is complete.