A Guide to International Surrogacy

In every country in the world, there are hopeful parents who want nothing more than to bring home a baby to expand their family. For many of those people, gestational surrogacy is the best way to create a child. Unfortunately, surrogacy is illegal in many countries, and even in those countries where it is legal, parents may have reasons to prefer working with a surrogate in the United States through the international surrogacy process.

What is International Surrogacy?

International surrogacy is an arrangement in which an intended parent or parents from one country work with a gestational carrier from another country to carry a pregnancy and deliver a child for them. As with domestic surrogacy, the child born from the process is generally related genetically to one or both intended parents, and not genetically related to the surrogate. It is estimated that around 20,000 children per year are born through international surrogacy, and that number is expected to increase in coming years.

Why Choose International Surrogacy with an American Surrogate?

There are a number of reasons that intended parents from outside the United States might choose to work with an American surrogate, even if surrogacy is permitted in their home country. All states are family friendly, providing options to secure parental rights, and many U.S. states have well-established legal frameworks specifically for surrogacy, offering intended parents clarity in an often-uncertain process.

U.S. surrogacy laws also tend to be more friendly to non-traditional family structures than the more restrictive laws of some other countries, making surrogacy an option for single parents and LGBTQ+ parents.

Other advantages to working with a gestational surrogate in the United States include the relatively large pool of qualified, experienced surrogates and the rigorous screening process surrogates must undergo through established agencies. American surrogacy typically involves thorough surrogacy agreements that clearly define the rights and responsibilities of the parties to a surrogacy. This framework provides reassurance to prospective parents that they and their surrogate are prepared for the process and that they will be able to take home a healthy child.

Issues for Intended Parents in International Surrogacy

While there are many reasons that international surrogacy with a U.S. surrogate appeals to intended parents from other countries, there are also issues of concern with which an experienced U.S. surrogacy attorney can help. Some of these include:

• Securing knowledgeable legal counsel in the parents’ home country to address citizenship issues for the child upon return;
• Understanding the American health insurance industry and securing insurance for the surrogate and/or newborn, if needed;
• Navigating the court parentage process which varies from state to state;
• Understanding the process for obtaining a passport for the newborn; and
• Determining whether the baby will need a U.S. Social Security Number, and if so, applying prior to departure to the country of origin.

International surrogacy can create complicated legal issues, and as with a domestic attorney, it is important to work with an attorney who is knowledgeable about these challenges and well connected to industry colleagues to know how to overcome them.

How a U.S. Surrogacy Attorney Helps Intended Parents with International Surrogacy

A surrogacy attorney can help intended parents outside of the United States understand the surrogacy laws of localities in the U.S. and assist them in choosing a state in which to pursue surrogacy. An attorney’s help is also essential in the drafting and review of surrogacy contracts. A U.S.-based attorney can be an essential liaison between the intended parents, their counsel in their native country, the surrogate, agency, delivery hospital, Vital Records, and passport advisor.

And, of course, a surrogacy attorney oversees the process of legalizing the relationship between the intended parents and baby, obtaining a parentage order that makes their family official.

If you are a hopeful parent outside of the United States who would like to learn more about your options for building a family, including international surrogacy, we invite you to contact Brinkley Law Firm LLC to schedule a consultation.