Compare the Arrangement, Not Just the State Label
A state’s general category does not establish whether your individual arrangement is permitted. Eligibility, compensation, contract requirements and court procedures can differ within otherwise similar classifications.
Questions for Your Attorney
Review the laws connected to the parties, treatment and delivery.
- Is the proposed compensated or uncompensated gestational arrangement permitted?
- What eligibility, independent counsel and agreement formalities apply?
- Where can a parentage action be filed, and can an order issue before or after birth?
- How will the result be recognized where the family lives or plans to move?
If You Live in a Different State
A California arrangement may involve several jurisdictions. Ask counsel about applicable law, permitted venue and recognition; intended parents’ residence alone does not settle every issue. Avoid assuming that a surrogate’s location makes all other states’ laws irrelevant.