About International Surrogacy

An increasing number of international parents travel to the United States every year seeking a surrogate mother. Some of the reasons include:

  • Cheaper options like Thailand and Cambodia, which used to be popular destinations for family building, have now outlawed surrogacy.
  • Surrogacy in other countries poses greater risks because of loose international laws, lack of clinical oversight, and unproven service providers.
  • Paid surrogacy is only legal in a select few countries worldwide, including the United States.

The United States has proven over time to be the safest, most stable, most responsible destination for paid surrogacy. In fact, many agencies claim that more than 50 percent of their intended parents are now international.

What additional legal factors do I need to consider with international surrogacy?

Legal factors vary depending on your home country, as each one has a different process for securing birth certificates, apostille documents and other legal provisions. If you are seeking surrogacy in the United States, make sure to hire a fertility attorney with experience in your country and language. Also, make sure to retain an immigration and family law attorney in your home country so that you can properly establish parental rights.

Intended parents seeking reproductive assistance in the United States can receive legal protection regardless of their country, background, or relationship status. Falletta & Klein has worked for nearly three decades to build a law firm that celebrates the myriad of ways we form families. We are a world leader in fertility law and have helped several thousands of international parents from at least 25 different countries.

What does a surrogacy lawyer do for international clients?

Surrogacy lawyers assist international parents with all aspects of family building, including legal and non-legal aspects. This includes:

  • Protecting the legal rights of international parents through written agreements
  • Assisting with travel arrangements during family building
  • Providing guidance on trusted agencies and fertility professionals
  • Coordinating with immigration and family law attorneys in the home country
  • Advising on legal provisions based on each unique case

Choosing the right surrogacy lawyer is important for intended parents living outside of the United States who are looking to establish parental rights. Falletta & Klein has a deep understanding of foreign laws as well as 30+ years of experience in fertility law – including working with international parents. Our location in Southern California is also advantageous because the state has a progressive mindset toward family building and offers a consistent, safe environment. In addition, our experienced attorneys can offer guidance to international parents about where to find special programs that are helpful to their unique situations.

Is surrogacy legal in my country?

Surrogacy is illegal in most countries, although there are some exceptions for unpaid surrogacy. Commercial surrogacy is legal in some U.S. states, including California, as well as Russia and Ukraine. Laws governing surrogacy in the United States are created at the state level and are generally open to international parents.

The United States is the preferred destination for surrogacy because of…

  • Surrogacy-friendly states, which have clearly defined laws for establishing surrogacy agreements and parental rights
  • Large numbers of highly qualified, well-screened surrogate candidates available for family building
  • Advanced medical care and technology to ensure a safe pregnancy and a positive outcome
  • Experienced and qualified surrogacy agencies to help manage the surrogacy process