Compensation for Surrogates is a contentious legal issue. Some states ban any kind of surrogate compensation, while others allow it with restrictions on the amount. Violations can lead to criminal charges.
Traditional surrogacy, where the Surrogate uses her own egg, is prohibited in many states. Gestational surrogacy, where the Surrogate has no genetic link to the child, is more commonly accepted and regulated.
Some states do not legally enforce surrogacy contracts, which put both Surrogates and Intended Parents at risk in terms of compensation and establishing parental rights.
States have different regulations about when Intended Parents can be declared the legal parents of a child born via surrogacy, which affects their names being placed on the birth certificate.
The legality and practice of surrogacy can vary greatly by state, with some more favorable to the process and others being restrictive or outright banning it. The state where the child is born largely dictates the applicable laws.
