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State Laws & Surrogacy- Understanding Parental Rights

Surrogacy is surging in popularity. According to the American Society for Reproductive Medicine (ASRM), there were just over 2,800 births via surrogacy in 2015. Compared to the 738 surrogate births reported just 11 years earlier, there is little doubt that families of choice are becoming a more accepted and accessible path to parenthood across the United States.

While some state laws, like California, make it a fairly seamless process to use a surrogate to carry a child, other states are still working with laws about parenthood that are now quite outdated. The ways in which families can be made has continued to evolve, but lawmakers have not been as expedient to update verbiage about parental rights. The result for many considering surrogacy has been confusion over the simple question of, “who are the legal parents?”  Continue reading