Laws
State Laws
Alabama Surrogacy Law
Alabama law does not directly address surrogacy, but at least one court has acknowledged the parental rights of non-biological participants in a surrogacy arrangement. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Alaska Surrogacy Law
The Alaska statutes are silent with regard to surrogacy agreements, and the only reported state court case that touched on the issue was decided on unrelated grounds. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Arizona Surrogacy Law
Arizona law prohibits both traditional surrogacy agreements (in which the surrogate mother is the biological contributor of the egg) and gestational surrogacy agreements (in which the surrogate mother is not the biological contributor of the egg), but part of that statute has been ruled unconstitutional by an appellate court. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Arkansas Surrogacy Law
Arkansas law provides for surrogacy contracts, but it is unclear how courts would apply the law to surrogacy situations involving lesbian, gay, bisexual and transgender (LGBT) individuals and couples.
California Surrogacy Law
California is accepting of surrogacy agreements and would likely uphold agreements that include lesbian, gay, bisexual and transgender (LGBT) individuals. While the state has no statute directly addressing surrogacy, California’s courts have used the state’s Uniform Parentage Act to interpret several cases concerning surrogacy agreements. In fact, one of the most influential cases in the country regarding surrogacy rights (Johnson v. Calvert) was decided in California.
Colorado Surrogacy Law
There are no Colorado statutes that deal directly with the issue of surrogacy. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Connecticut Surrogacy Law
Surrogacy law in Connecticut is uncertain, but favorable. The statutes are silent with regard to surrogacy agreements, but various cases have looked favorably on such agreements, including a case concerning a same-sex couple.
D.C. Surrogacy Law
All surrogacy agreements, regardless of the sexual orientation of the individuals involved, are prohibited by law in the District of Columbia.
Delaware Surrogacy Law
While the Delaware statutes do not address surrogacy agreements, the ruling of at least one court suggests that those agreements go against the public policy of the state. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Florida Surrogacy Law
Florida law explicitly allows both gestational surrogacy agreements (in which the surrogate mother is not the biological contributor of the egg) and traditional surrogacy agreements (in which the surrogate mother is the biological contributor of the egg), but neither is available to same-sex couples.
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