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No national law regulates Third Party Reproduction (through sperm, egg or embryo donation, or surrogacy) in the United States.The Association Society for Reproductive Medicine (ASRM) publishes guidelines, but those are not enforceable by law.According to those guidelines, access to ART should be granted to anyone considered fit to be a parent, regardless of their marital status, sexual orientation or gender (read the ASRM Ethic committee opinion on access to fertility services by transgender persons).Equal access to healthcare and reproductive rights are considered civil rights, and any discriminating situation can be reported to organizations that fight for LGBT rights such as the National Center for Lesbian Rights (NCLR) or Lambda Legal.For those couples living in states where surrogacy is banned, surrogacy abroad can still be contemplated, provided that at least one of the 2 intended parents is biologically related to the child. A parenting agreement can also be established to protect the rights of a second parent who is not the biological mother or father of the child if he/she is not recognized as a legal parent and may not adopt the child.The National Center for Lesbian Rights (NCLR) provides a fact sheet with more information on Legal Recognition for LGBT Families.
traditional), some ban commercial agreements, others ban all types of surrogacy agreements, and finally, some authorize such agreements only for married couples. legislation surrounding surrogacy is so complex, personalized counselling by a local competent family attorney is strongly advised before going through any type of surrogacy process in the U. Local specificities / exceptions: So far only 2 states have enacted Article 8 of the 2002 Uniform Parentage Act, Texas and Utah, but both with significant provisions. Being recognized as the legal parent of a child should not be an issue for a parent who is biologically linked to the child (or if the intended mother carries the baby, even when not biologically hers).
Laws in CA, DC, HI, LA, NY, OH, RI, TX only partially cover such treatment (very often IVF is not contemplated for instance). Therefore, sperm donors and intended parent(s) are strongly advised to get legal counsel before the insemination and, where it is possible, establish a declaration of parentage before the birth of the child.
Although gestational agreements are covered by the 2002 Uniform Parentage Act, there is no national regulation of surrogacy in the United States, and absolutely no consistency regarding surrogacy agreements throughout the states.
But these levels were established in 2007 and haven’t been revised since.
Moreover, they have been challenged in the past years, and even the ASRM was even sued for fixing pricing caps for egg donations.