Legalities by State in New England
New England is a great place to pursue gestational surrogacy. We have a combination of excellent medical facilities and favorable laws. As far as the legal process goes, there are generally two steps.
The first step is a written legal contract between you and your surrogate. If she’s married, her spouse will also participate in the contract. The contract phase involves two attorneys—one for you, one for your surrogate (your surrogate’s attorney is paid for with her legal stipend). This legal contract will set out everyone’s rights and responsibilities during the journey. The contract will also specify the compensation to be paid to the surrogate. Once the written contract is complete and signed by all of you, your match is cleared for embryo transfer.
The second step is to secure your parental rights through a court order. This court order is typically obtained during the second trimester of pregnancy and ensures that your names are placed on your baby’s birth certificate. Here’s some more specific information about the legal process in each state. (Just a reminder, this information is provided as a courtesy only--please talk to your own lawyer to understand how the laws impact your own situation.)