6 Facts About Surrogacy Every Woman Should Know

As one might imagine, having one woman carry another’s baby can be a complicated process if the proper regulations aren’t in place. The legal process can by tricky and it varies from state to state, says Werner. The variables are quite different, though, as some states, including New York, Lousiana, and Washington, don’t recognize compensated surrogates at all, making it more difficult to transfer the baby into the parents’ care.

For example, in New York, the woman who gives birth is defined as the “birth mother.” According to this law, a gestational carrier in New York has preferred parental status with respect to a child she carries but is not genetically related to, even above the parental status of the genetic intended parents, according to the Creative Family Connections agency and law firm. It’s important to check your clinic’s and state’s regulations for both implantation and delivery to make sure your rights are protected, says Werner. A reproductive lawyer is always recommended to protect the rights of all involved parties.