Surrogacy in the USA

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Surrogacy in the USA

Our fertility lawyers have expertise in dealing with surrogacy in the USA.  There are many states where surrogacy is legal including California, Las Vegas and Illinois.  Like India, the USA is a very popular destination.  The law is very favourable and the immigration process allows you to return to the UK fairly swiftly post birth.  The costs are the highest of any destination but donors and surrogates are not difficult to find.

Commercial surrogacy is thriving in the USA.   We have acted for many British couples who have gone through surrogacy in the USA.   You will need a lawyer to apply for a pre-birth Order to secure your legal parent status before the child is born.

Regardless of the law in the US, the surrogate is always the legal mother. Whether one of you is the legal parent will depend on the circumstances surrounding the insemination or embryo transfer and whether the surrogate is married or in a Civil Partnership. It is essential that you get advice before you start the process and preferably before you select the surrogate. We will advise you on whether you can become legal parents to the child and if so, how to return to England with the child. We will then offer you a fixed fee service to obtain a Parental Order.

A Parental Order extinguishes any legal rights that the surrogate and her husband have for the child and makes you the legal parents. If you do not apply for a Parental Order by the time the child is 6 months old, you may need to consider alternatives such as adoption. This is a strict deadline that has been extended on occasion.

There are several surrogacy clinics and agencies for the USA which are tried and tested consistently producing a complete service to British citizens.  It is important to do extensive research and secure references from other British couples who have successfully used the clinic that you are considering using.

The better clinics and agencies in the US will be transparent about their surrogate recruitment policy and the compensation paid to the surrogate.

We are in a good position to advise you of the pitfalls to look out for.  We also have experience with the citizenship and passport procedure to get you back to the UK with your child.

If you are considering surrogacy in the USA, please do not hesitate to contact us for legal advice.  We can also put you in contact with surrogacy lawyers that our clients have used successfully in the past.

Please call our surrogacy lawyers today for advice on surrogacy in the USA on 01727 884 688 or e-mail Harjit directly on harjit@surrogacylawyers.co.uk

Do read our testimonials to see what other couples are saying about us.

Please be advised that our role is limited to providing legal advice on surrogacy based on the law in England.

We will not recommend any surrogacy provider, destination, agency or clinic. Entering into a surrogacy arrangement abroad requires much research and advice.  Our role is to advise you on your position from a UK law perspective if you were to proceed with your arrangement. If our advice concludes that you can become legal parents following the arrangement, it should not be considered as advice to proceed. If we have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed.     

We will not take part in any negotiations for your surrogacy arrangement nor, will we review your surrogacy contracts.