As you’re considering surrogacy, whether to create your own family or help others become parents, you may wonder, “Which are the southern states where surrogacy is legal? And what are the surrogacy laws by state in the South?”
If so. you’ve come to the right place. The founder of Southern Surrogacy, Ruth Claiborne, and the current directors of Southern Surrogacy — Amy Wallas Fox and Lila Newberry Bradley — are all Fellows in the Academy of Adoption & Assisted Reproduction Attorneys, and have more than 50 years of combined experience in the field of assisted reproductive technology law!
Fortunately, surrogacy is just as possible a family-building option in the South as it is anywhere else in the U.S. There are currently no federal laws regulating surrogacy in the United States, and few states in the South have created their own regulations for the surrogacy process, although most experienced surrogacy professionals follow thoughtful professional guidelines for the legal and medical processes. When you work with us at Southern Surrogacy, you can be sure that your surrogacy journey is handled legally, safely and efficiently.
Southern Surrogacy is honored and ready to help intended parents and prospective surrogates in the South, including those in the states of North Carolina, South Carolina, Georgia, Alabama, Tennessee and Mississippi. While laws will vary from state to state, our services include experienced legal counsel to walk you through the necessary legal steps required for a safe surrogacy in the South. To help you better understand how U.S. surrogacy in the South works, we’ve described the processes in each of these states in individual articles for you.
In addition to state-specific laws and processes, there are also some aspects of surrogacy in the U.S. that apply to all southern states that we provide services in.
What It Means When a State Has No Set Surrogacy Laws
One of the biggest concerns that prospective surrogates and intended parents have when they prepare for the surrogacy journey is that the state they live in or are interested in pursuing a surrogacy in has no specific laws regulating the surrogacy process. It’s understandable for you to be worried at first, but a lack of surrogacy laws does not mean a state is unsafe for the process. On the contrary, completing a surrogacy in one of these states can be more beneficial for intended parents and prospective surrogates.
In these states where surrogacy is legal but not strictly regulated by legal statute, surrogacy professionals have developed a process that protects all those involved. Just like any other contract, surrogacy contracts in the South are viewed as legal contracts — and, therefore, are upheld in the eyes of the law. Each party to the surrogacy contract is in agreement to the expectations and responsibilities of the process, equally desires the contract to go through and rarely (if ever) backs out of this agreement. As long as both parties want a successful surrogacy process, a lack of surrogacy laws in a southern state does not prevent them from completing this journey together.
It’s important to note that a lack of legal regulations on surrogacy in the South can give more freedom to intended parents and prospective surrogates during the process — which makes the current legal environment for surrogacy in the South ideal for those looking to complete this process.
If you ever have any questions about how the legal environment in your state may impact your surrogacy journey, please contact our offices today at 855-785-2229.
Protecting Your Rights in the Surrogacy Process
Southern Surrogacy and our experienced lawyers are dedicated to protecting your rights and interests throughout the surrogacy process. However, when a state lacks surrogacy laws, it can be a frightening prospect for intended parents and prospective surrogates — but we’ll make sure you’re comfortable every step of the way.
Well-drafted surrogacy contracts play a large role in making sure that your rights are protected throughout the process ahead of you. After all, your surrogacy contract will determine important aspects from the beginning, including:
- How much a surrogate will be compensated
- How intended parents will establish their parental rights to their child
- Each party’s responsibilities and risks
- How sensitive issues, like selective reduction and termination, will be addressed
- And more
A surrogacy contract also plays another important role: It makes sure that both parties stay committed to the surrogacy process down the line. Whether or not a state has specific surrogacy laws does not impact this; when you work with Southern Surrogacy, you can be confident that each party is 100 percent committed to the surrogacy process. We have never experienced a surrogacy where this kind of risk is present, and our process of educating and preparing each party for the surrogacy process ensures that this is rarely (if ever) a possibility.
Learn More About Surrogacy Laws by State in the South
While the South does contain several states where surrogacy is legal, laws and regulations in each of these states will vary greatly. That’s why we encourage those who are interested in surrogacy in the South to contact us today to learn more about what surrogacy will look like in the state you live in. We are happy to not only guide you through the surrogacy process with our full-service surrogacy program but also help you understand exactly why surrogacy in the South can not only be safe but also a fulfilling way of creating a family.