Uniform Surrogacy Law Reform

Uniform Surrogacy Law Reform seeks to establish consistent legal standards across jurisdictions, addressing issues such as parental rights, compensation, medical oversight, and the protection of both surrogates and intended parents in order to reduce disputes and ensure fairness in surrogacy arrangements.

Surrogacy — the practice where a woman carries and delivers a child for another person or couple — has become an increasingly common path to family building. Advances in reproductive technologies and shifting societal attitudes have made surrogacy more accessible. But as its use grows, so too has the legal complexity surrounding it. Across the United States, surrogacy laws vary widely from state to state, and there’s an ongoing debate about whether uniform legal standards — potentially at the federal level — are necessary.

A Patchwork of State Laws

One of the defining features of surrogacy law in the U.S. is its decentralized nature. Unlike many commercial and family law matters, there is no uniform federal statute governing surrogacy agreements, parental rights, or the enforceability of surrogacy contracts. Instead, each state crafts its own approach, leading to a patchwork of protections, requirements, and restrictions.

Some states embrace surrogacy with clear legal pathways and protections for intended parents and gestational carriers. Others impose restrictions, ambiguous provisions, or bans on certain types of arrangements (e.g., commercial surrogacy). This inconsistency can create confusion for families, surrogate mothers, and courts — especially in cases crossing state lines.

The Uniform Law Commission (ULC) — a body that drafts model legislation for states — has recognized the challenges posed by divergent state laws. The ULC has proposed updates to the Uniform Parentage Act to better address surrogacy and the complexities it introduces into establishing legal parentage. However, these remain model laws for voluntary adoption by states rather than federal mandates.

Why Uniformity Matters

The consequences of legal fragmentation are tangible:

• Cross-State Conflicts: A surrogacy arrangement valid in one state might not be recognized in another, complicating parental rights and child citizenship.
• Legal Uncertainty: Families and surrogates can face unpredictable legal outcomes, especially when intended parents reside in one state and the surrogate in another.
• Access Inequities: Individuals in restrictive states may resort to travel or “reproductive tourism” to access surrogacy — which can be costly and complex.

Supporters of uniform reform argue that clear, consistent standards — whether through model laws or federal legislation — would protect all parties involved, reduce litigation, and foster equitable access to surrogacy across jurisdictions.

Is Federal Action Imminent?

At present, no sweeping federal surrogacy law has been enacted or is actively progressing toward passage. Unlike areas such as immigration or health care — where federal standards clearly apply — surrogacy remains largely governed by state authority.

However, there are signs that Congress is increasingly attentive to specific aspects of surrogacy law — particularly those with broader implications outside family law. For example, the recently introduced Stopping Adversarial Foreign Exploitation of Kids in Domestic Surrogacy (SAFE KIDS) Act aims to prevent citizens of certain foreign nations from entering into commercial surrogacy arrangements in the U.S., on grounds of national security and child exploitation concerns. If passed, this law would represent significant federal involvement in an area traditionally left to states.

The SAFE KIDS Act does not create a comprehensive federal framework for surrogacy; rather, it targets a specific problem — foreign exploitation — that Congress deems a national interest. But its existence suggests that federal involvement is possible and expanding, especially when surrogacy intersects with citizenship, international law, or broader social policy issues.

Beyond the U.S.: International Developments

Though this article focuses on the U.S., global perspectives highlight how varied regulation can be. In countries like Australia, state and territory laws differ on surrogacy, prompting calls for a unified national approach to minimize legal uncertainty and reproductive tourism. Meanwhile, some European bodies have grappled with whether to adopt broad policies or reject surrogacy altogether.

These international discussions underscore that surrogacy is a global legal and ethical challenge — one that many legal systems are just beginning to address comprehensively.

So, is federal action on uniform surrogacy law reform on the horizon? The straightforward answer: not yet in the form of a comprehensive federal statute. But growing recognition of the limitations of state-by-state governance — and nascent federal proposals targeting systemic concerns — suggests that the conversation has begun at the national level.

Whether it is through state collaboration on uniform statutes, specific federal legislation, or a more comprehensive federal framework in the future, lawmakers, legal experts, and advocacy groups will probably keep fighting for clarity as reproductive technologies advance and more families resort to surrogacy.

Families navigating surrogacy should stay informed about the rules in their state as well as the growing national conversation that could someday change the way surrogacy is governed nationwide.

Frequently Asked Questions (FAQs)

1. What is meant by “uniform surrogacy law reform”?

Uniform surrogacy law reform refers to efforts to create consistent legal standards governing surrogacy agreements, parental rights, and surrogate protections across jurisdictions, rather than relying on widely differing state laws.

2. Why are surrogacy laws different from state to state?

Family law in the U.S. is primarily regulated at the state level, allowing each state to decide whether to permit, restrict, or prohibit certain types of surrogacy arrangements. This has resulted in a fragmented legal landscape.

3. Is there currently a federal law governing surrogacy in the United States?

No. There is no comprehensive federal surrogacy law. Surrogacy remains governed by state statutes and court decisions, though some federal proposals address limited aspects of the practice.

4. What role does the Uniform Law Commission play in surrogacy reform?

The Uniform Law Commission drafts model laws—such as revisions to the Uniform Parentage Act—to help states modernize and align their surrogacy and parentage laws. Adoption of these laws is voluntary, not mandatory.

5. Why do advocates argue for uniform surrogacy laws?

Advocates believe uniform laws would:

• Reduce legal uncertainty for intended parents and surrogates
• Prevent conflicting court rulings across states
• Improve child welfare and legal parentage clarity
• Limit exploitation and unethical practices

6. What problems arise from inconsistent surrogacy laws?

Inconsistent laws can lead to disputes over parental rights, unenforceable contracts, difficulties obtaining birth certificates, and legal complications when surrogacy arrangements cross state lines.

7. Has Congress proposed any legislation related to surrogacy?

Yes, though limited in scope. For example, proposals such as the SAFE KIDS Act focus on preventing foreign exploitation of U.S. surrogacy arrangements rather than creating a nationwide surrogacy framework.

8. Does federal involvement mean states would lose control over family law?

Not necessarily. Most proposals envision targeted federal action addressing national concerns (citizenship, interstate disputes, or exploitation) while leaving day-to-day family law regulation to states.