This guide provides an overview of surrogacy in the U.S. Issues discussed cover types of surrogacy and agreements included as part of the process. Links to state-specific laws are included.
District of Columbia Legal Guide to Surrogacy — Surrogate: A Detailed Description Introduction: The District of Columbia (DC), also known as Washington, D.C., is the capital of the United States and is not part of any state. Surrogacy is a legal and popular practice in DC, allowing intended parents who are unable to conceive or carry a child to fulfill their parenthood dreams. The District of Columbia Legal Guide to Surrogacy provides essential information on the processes, regulations, and different types of surrogacy arrangements available in DC. 1. Traditional Surrogacy: Traditional surrogacy is a form of surrogacy where the surrogate uses her own eggs and is artificially inseminated with the intended father's or a donor's sperm. In DC, traditional surrogacy arrangements are legally recognized, but caution should be exercised since parental rights and legal complications may arise. 2. Gestational Surrogacy: Gestational surrogacy is the most common form in DC and involves in vitro fertilization (IVF) where embryos are created using the intended parents' eggs and sperm or donor gametes and then transferred to the surrogate's uterus. The surrogate has no genetic connection to the child in gestational surrogacy. This type of surrogacy is legally well-established and widely practiced in DC. 3. Altruistic Surrogacy: Altruistic surrogacy refers to a surrogacy arrangement where the surrogate is not financially compensated beyond reimbursement of pregnancy-related expenses. In the District of Columbia, altruistic surrogacy is legally allowed and common among family and close friends who are willing to help intended parents without any commercial motives. 4. Compensation-Based Surrogacy: Compensation-based surrogacy involves the surrogate receiving financial compensation in addition to having her pregnancy-related expenses covered. In DC, many surrogates opt for this arrangement due to financial reasons. The surrogacy agreement determines the compensation amount, which is typically reasonable and covers medical expenses, legal fees, and living costs. 5. Pre-birth and Post-birth Order: In DC, pre-birth and post-birth legal orders are available to establish intended parents' legal parental rights swiftly. A pre-birth order declares the intended parents as the legal parents before the surrogate gives birth. A post-birth order is obtained after the birth, finalizing the intended parents' names on the child's birth certificate. 6. Surrogacy Agreements and Contracts: Surrogacy agreements in DC legally bind intended parents and surrogates, ensuring clarity on roles, responsibilities, expectations, and financial obligations. These agreements cover sensitive aspects like the surrogate's health insurance, medical decisions, contact between parties, and parental rights. Consulting an experienced attorney is crucial to drafting a comprehensive and enforceable surrogacy contract. Conclusion: The District of Columbia offers a comprehensive legal framework for various types of surrogacy arrangements, supporting and protecting the rights of intended parents, surrogates, and the children born through surrogacy. Understanding the different types of surrogacy, legal procedures, and drafting effective surrogacy agreements are vital for a successful and legally sound surrogacy journey in DC.
