Surrogacy

For couples whose medical concerns are impeding on their dreams of having a child and starting a family, surrogacy is an adoption alternative that gives them the opportunity to have a child either fully or partially related to them, biologically.

A surrogate mother is someone who carries a biological child of at least one of the adoptive parents through the pregnancy term before placing the child up for adoption with the couple. Surrogacy is an alternative in infant adoptions and is thought to be most popular among gay and lesbians couples and among those with fertility issues.

A traditional surrogate may be genetically related to the child or, as in gestational surrogacy, the surrogate may be a carrier for a couple's fertilized egg, or embryo.

Every state has its own laws concerning surrogacy. New York, for example, is one of 11 states in which it is illegal for an unmarried couple to hire a surrogate. The District of Columbia also prohibits surrogacy. There are six states that explicitly allow single individuals and couples to hire surrogates: Arkansas, California, Illinois, Massachusetts, New Jersey and Washington. The latter three require a surrogacy to be uncompensated and Arkansas, California and Illinois only allow gestational surrogacy contracts to be made.

Gay and lesbian couples considering surrogacy should consult an attorney and familiarize themselves with gay adoption laws in addition to single-parent surrogacy regulations.