How Surrogacy Law Varies and Why Jurisdiction Matter
- ACRC Global
- 1 day ago
- 3 min read
Understanding Surrogacy Laws and How ACRC Surrogacy Works with Professionals
Why Legal Clarity Matters
Surrogacy laws differ widely across U.S. states and around the world. Understanding where agreements are valid, how parentage is established, and what protections exist can prevent costly delays and legal uncertainty. At ACRC Surrogacy, our team works alongside independent attorneys and licensed clinics to ensure that every Intended Parent and Surrogate is protected under a clear, enforceable framework.
United States:
One Country, Many Different Rules
California: Clear Statutes and Pre-Birth Orders
California remains one of the most established jurisdictions for compensated gestational surrogacy. Under California Family Code §§ 7960–7962, agreements must:
Be executed before any medical procedures;
Provide independent legal counsel for both the Intended Parents and the Surrogate;
Disclose insurance coverage and allowable expenses.
These provisions enable pre-birth parentage orders, which recognize the Intended Parents as the legal parents from the moment of birth. Source: California Legislative Information – Family Code §§ 7960-7962
New York: Legalized and Regulated Since 2021
New York’s Child-Parent Security Act (CPSA), effective February 15 2021, legalized compensated gestational surrogacy and created a comprehensive process for establishing parentage. The CPSA also requires licensed surrogacy programs and offers a “Surrogate’s Bill of Rights.”
Sources:
New York State Department of Health – Gestational Surrogacy Program
New York State Unified Court System – CPSA Guidance
How ACRC Surrogacy Works with Legal and Medical Experts
ACRC Surrogacy partners with a vetted network of:
Experienced reproductive attorneys who prepare and review Gestational Surrogacy Agreements (GSAs) in accordance with state law.
Accredited fertility clinics that follow strict U.S. FDA and ASRM guidelines for screening, consent, and medical ethics.
Insurance and escrow specialists to manage reimbursements and protect all parties financially.
Every case is reviewed to ensure compliance with applicable laws, clinic protocols, and ethical standards before embryo transfer.
Gestational Surrogacy Agreements (GSAs) and Best Practices
A Gestational Surrogacy Agreement defines the rights and responsibilities of all parties. Best-practice jurisdictions require:
Independent legal counsel for both the Surrogate and the Intended Parents.
Execution before embryo transfer.
Transparent disclosures about insurance and medical expenses.
California law and the New York CPSA both reflect these principles, reducing uncertainty and ensuring clarity at birth.
Medical Ethics and Decision-Making
Even under a strong GSA, the gestational carrier remains the patient and retains medical decision-making authority. The American Society for Reproductive Medicine (ASRM) emphasizes informed consent, psychological screening, and counseling as essential safeguards for all participants.
Source: ASRM Ethics Committee Guidance
What If a Surrogate Changes Her Mind?
In jurisdictions like California, properly executed GSAs and pre-birth parentage orders provide robust legal protection.
Once a court issues the pre-birth order, the Intended Parents are the sole legal parents at birth, and the Surrogate (and spouse, if any) has no parental rights.
Such clarity is the product of well-drafted contracts and collaboration among qualified professionals something ACRC Surrogacy ensures in every case.
Key Takeaways
Choose the Right Jurisdiction: California and New York provide strong statutory protections and parentage orders.
Work Only with Licensed Professionals: Ensure all parties have independent counsel and accredited medical care.
Understand Medical Consent: The Surrogate controls her own medical decisions; clear communication is essential.
Plan for Cross-Border Complexity: International recognition of surrogacy orders remains limited; seek legal advice early.
How ACRC Surrogacy Supports Intended Parents
ACRC Surrogacy manages each case through trusted partnerships with reproductive law attorneys, certified clinics, and ethical advisors. Our team coordinates every step—from drafting GSAs to obtaining pre-birth orders, so Intended Parents can proceed with confidence and peace of mind.
For guidance on secure, compliant surrogacy in California or New York:
Verified Sources Cited:
California Family Code §§ 7960–7962 – California Legislative Information
New York Department of Health – Gestational Surrogacy Program
ASRM Ethics Committee Guidance – Practice Guidelines on Gestational Carrier Arrangements
Disclaimer
The information provided in this article is for general educational purposes only and should not be interpreted as legal advice. Surrogacy laws vary by state and country, and individual circumstances may require specific legal guidance. For any questions regarding surrogacy regulations, parentage, or contract requirements, please consult with an experienced ART (Assisted Reproductive Technology) attorney.
ACRC Surrogacy does not provide legal services; however, we are happy to introduce Intended Parents and Surrogates to our trusted network of qualified reproductive law professionals upon request.
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