Simply The Best: States and Stats for Your Best Surrogacy Journey in the U.S.

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surrogate united states

Simply The Best: States and Stats for Your Best Surrogacy Journey in the U.S.

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As of now, Surrogacy in the United States isn’t regulated by federal law. That means that each state can make its own set of rules and regulations in regards to a surrogate pregnancy and surrogacy journey. There are pros and cons to this.

With each state having such different laws that vary so widely, it’s important to take into careful consideration all of the elements before you choose where you want to have your journey. Things like location, pre-birth order laws and other “surrogacy friendly” elements will come into play.

But what should you be hoping for and where is the best place to host your incredible surrogacy journey? Have no fear, a guide to Surrogacy in the United States of America is here. With so many flocking here to have their children through IVF, you should have peace of mind that you’re at least in the right country, if not the right state.

The Most Friendly U.S. Faces

Arkansas has come through in recent years as a very friendly state for a surrogate pregnancy. In 2017, the courts in Arkansas made a ruling that was friendly for both gay and straight parents who need to use surrogacy to have their child. However, same-sex couples do need to be married.

California has been the front-runner for surrogacy journeys for many years. There have been many court cases that have supported couples utilizing a surrogate pregnancy. They are also especially great because of their pre-birth order laws and agreements.

Delaware has great laws that support surrogacy agreements and pre-birth orders as well. District of Columbia upholds surrogate pregnancy agreements by statute. Illinois is another great state to have a child via surrogacy as well. Maine, Nevada, and New Hampshire all have great things about their latest laws regarding surrogacy.

The Least Friendly Place for a Surrogate Pregnancy

Arizona basically forbids surrogacy agreements. Hawaii isn’t supportive and they don’t offer pre-birth orders. Idaho is improving, but still has a long way to go. Indiana won’t uphold any contracts regarding surrogacy.

Also, you can’t judge a state by its color! Just because New York is liberal and blue, doesn’t mean that surrogacy is legal there. Utah however, is perhaps one of the worst places to carry out your surrogate pregnancy, especially if you’re a gay couple.

Michigan, Missouri and Nebraska all have a long way to go in terms of laws to support surrogacy.

Pre-Birth Order and Post-Birth Order

So, what’s the difference? A Declaration of Parentage is a court order that can be applied for in the third trimester. This will inform how the hospital should put the name of the Intended Parents on the birth certificate. States that uphold a pre-birth order won’t put the Surrogate’s name on the certificate.

The Post-Birth Order

Those states that don’t uphold pre-birth orders support post-birth orders instead. This is an order that will determine the parentage of a baby based on whatever arrangement was made in the surrogacy contract. However, this type of order is given after the babies are born.

The problem with post-birth orders is that they give a Surrogate the opportunity to contest the order and potentially make a claim for her own parental rights. This is extremely rare, as surrogates sign up for the process wanting to help a family altruistically and are more than happy to deliver the children on behalf of Intended Parents.

Elevated States

When it comes to choosing where to host your surrogate pregnancy, consider what will be the best options for you in regards to travel, surrogacy friendly laws, and a pre-birth order.

The good news? Your journey can be tailored to fit all of your needs in. When you’re ready for an incredible surrogate and experienced professionals who can make your journey a seamless process, contact us today.

United States Surrogacy

Surrogacy States in the USA


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Conceptual Options Surrogacy

Can I Become a Surrogate with Conceptual Options?

Becoming a Surrogate can be one of the most fulfilling journeys you will likely do in your life. It won’t always be easy, and there will certainly be challenges you’ll need to face during your surrogacy pregnancy. However, the gift you’ll be giving another family is one they will be endlessly grateful for.

It’s important to remember that not all women are cut out to be surrogates. It takes a special skill set and even physical facility. If you have the desire to be a surrogate, there are a few things to take into consideration when applying, including your own health before you begin.

Though your heart may be in the right place, here is a checklist of things to consider while you start your path to becoming a true angel for another family.

1. Age of a Surrogate

Age matters when it comes to becoming a surrogate. The ideal Surrogates are between the ages of 21-39 years old. Not that we don’t appreciate women who want to be surrogates in their older years, it just becomes more difficult on the body and can sometimes create higher risk pregnancies.

In a process that is already fragile, it is key to offer the intended parents the best set up possible for their dream of having a child through IVF. Surrogate mothers who are in their prime years have a greater chance of carrying a child to full term and in the most healthy of manners. And, it is important to note that Surrogates in this age range still have the energy and physical capabilities to carry a child with ease.

2. No Prior Pregnancy Complications

When it comes to carrying a child for someone else, it’s important to have carried one of your own already. It’s equally as important that you previous pregnancies were uncomplicated.

If you experienced any substantial challenges during your pregnancy, then the chance of you experiencing those again during a surrogate pregnancy is fairly high. When it comes to becoming a Surrogate, consider your overall health when it comes pregnancies.

Your pregnancy as a Surrogate might have a few challenges, but in general, pregnancy should be something that isn’t extremely difficult for you.

3. Commitment

Sure, you aren’t entering into the family of the Intended Parents, but you are helping them build theirs. Most intended parents will be forever grateful for you and hold you in very high esteem. However, every Intended Parent’s set of specifics and desires is different.

On your end, is important to stay committed to your Intended Parents. As they’ve chosen you to carry their most precious of cargo, carefully consider your willingness to eat, drink, or live in a way that they desire during the nine months.

Staying committed to your intended parents can make all the difference in both of your journeys. From updates to making sure you make all of your doctor visits — commitment is key.

4. Body Mass Index

For a healthy pregnancy, meeting the guidelines for your specific height and weight in regards to your body mass index is important.

Overweight Surrogates have a much higher chance of having complications during their journeys. It’s important to maintain a healthy BMI before, during, and after your pregnancy. This can ensure a safe and positive Surrogate experience for both you and the unborn child.

Journey On

Becoming a Surrogate will bless the lives of everyone involved. While challenges may arise, this checklist can help you start on the right foot. The gift you are offering a family in need is one of the most generous nature.

When you’re ready to start your journey, choose the best program to care for you and contact us today.

Can I become a surrogate?

Is surrogacy for you?


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Conceptual Options Announces Additional New Videos for Educational Video Series about Surrogacy

Conceptual Options, LLC, has been Partnering for Parenthood and creating families since 1999, and now we are pleased to announce four new additional episodes of our groundbreaking new educational video series about Surrogacy, Egg Donation, Sperm Donation and assisted reproduction. Conceptual Options is a full-service surrogacy, egg donation, and sperm donation agency located in beautiful San Diego, California.

Our next four videos tackle the following subjects that are most important to Surrogates: Can I Become a Surrogate, What to Expect at My Surrogacy Intake Appointment at Conceptual Options, What to Expect at My Psychological Testing Appointment at Conceptual Options, and How to Choose Your Surrogacy Agency.

All of our Surrogacy Educational Videos can be found here on YouTube.

Also, look for our next video on Choosing Your Intended Parents coming next week!

We would love to hear your feedback and ideas for new videos throughout the new year.

Remember, becoming a surrogate is one of the most rewarding things that you can do in your lifetime – you are literally helping someone else create a family that they cannot do on their own. Therefore, because being a surrogate is such an important mission for everyone involved there are certain steps that must be followed to ensure that you and your family are ready and willing to commit to your surrogacy journey—and our videos are here to help.

Please contact us directly at info@conceptualoptions.com or call us at 858-748-4222 so we can go over your questions or concerns, and stay tuned for more videos in the upcoming weeks to help you understand more about the surrogacy process.