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Surrogacy and Egg Donation Q and A

Surrogate Mothers Online Q & A
  • Q & A: Legal/Contract Issues - Surrogacy

    Topics may include contracts, legal fees, establishing parental rights, etc.

    7. I have a question that I don't think I've ever seen posted before... I am a Texas resident but, we are currently living in North Dakota due to my husbands job. Which states surrogacy laws would I have to follow? In North Dakota I've read that this state either can not or will not enforce a surrogacy contract. If this is the case, and I have to follow ND's laws, how would I ever find a couple that would be willing to work with me, considering the circumstances? - Heather in Minot AFB, ND - Top


    The state that the child is born in is the state that everyone needs to be concerned about. However, just because ND doesn't support surrogacy doesn't mean IPs would unwilling to work with you. Just be honest with any potential IPs about NDs stand on surrogacy and reassure them of your own stand on surrogacy. If you can deliver in another state that is more surrogate friendly let them know you are willing to do this.

    Hope this helps and good luck.



    I live in a state that has those same laws. I would highly suggest you use an agency for your first surrogacy. Legally, you need to see how the ropes work and it will ease your mind. There are lots of great agencies out there.

    Surrogate Parenting Consultants in California is
    great! Gary Sullivan in Arkansas is great! John Weltman in Massachussetts is great! IFC in Indiana is great! SPCT in Texas is great!

    I would go with one of these agencies. They have good reputations. Be cautious of some of the other agencies.


    (Editor's note: There are many reputable agencies out there. Check the SMO Related links page for a listing of all agencies. Then obtain information about the ones that interest you. Last, but, not least, once you have narrowed down your list, ask others about their experiences with the particular agency(ies) that interest you. One of the best ways to find out if an agency is really reputable is by talking to their current and former clients. - Jenn Z.) - Updated: January 31, 2000

  • Unless stated otherwise, all responses in the SMO Q&A are courtesy of one or more of the following hosts:
    • Sherry - Experienced gestational surrogate currently working on her 2nd surrogacy arrangement
    • Linda - New Mommy to twins born via gestational surrogacy and egg donation
    • Jennifer S. - Experienced AI surrogate
    • Lynn - New Mommy to a daughter born via traditional surrogacy
    • Tracie - 5 time egg donor (triplets, 2 sets of twins and 2 singletons) and 3 time surrogate (2-AI, 1-IVF).
    • Lisa - Experienced egg donor and previous gestational surrogate currently working on her 2nd surrogacy arrangement (Lisa was our former ED host, prior to July 1999.)
    Disclaimer: Responses from SMO Q&A Hosts do not necessarily represent the opinions and ideas of SMO. Neither the Q&A hosts nor SMO guarantee the accuracy or completeness of any information contained in the responses given here. As such, neither SMO nor the Q&A hosts are responsible for any errors or omissions or for the results obtained from the use of such information. Neither SMO nor the Q&A hosts shall be liable or responsible to any person or entity for any loss or damage caused, or alleged to have been caused, directly or indirectly by the information or ideas contained, suggested, or referenced in these responses.

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