Surro friendly states for PBO without any genetic connection.

[GMHopingfor]

I am hoping to become a single mother. I am wondering what states I would not have a problem getting a PBO using a gestational carrier with a donor embryo or donor egg/donor sperm embryo so that there would be no genetic connection. I know that CA has laws that would protect me as the intended parent, but do you know if there are other states that this would be possible. I live in GA, so if you know specifically about GA, that would be especially helpful.

Thank you so much for your help.

[Diane Hinson]

If you want to file in GA, then either your surrogate has to live in GA or your surrogate needs to live in a state that will honor a pre-birth order that you obtain in GA based on your residency there. Theoretically, parentage orders are final judgments that should be given "full faith and credit" in other states. However, it is spotty whether they are (unlike adoption orders which are given full faith and credit everywhere). Consequently, most PBOs are obtained in the state in which the surrogate lives.

Your question actually needs to be answered on a more local level -- Many states do not have surrogacy statutes, so the law is governed by case law. In those states, the result can vary dramatically based on which county the petition for parentage is filed in.

And, just to make matters even more complicated -- within a county, it can vary by judge. So, for example, in some counties, it is "luck of the draw" -- a scary concept. In others, attorneys know who is sitting on a given day. Then, (experienced) attorneys know to wait until a day when a "friendly" judge is the chambers judge who hears these cases and to "walk through the petition" on that day.

So -- the long answer to your question is that there are quite a number of locations where you can do what you propose to do. And quite a number where you cannot. It would be rather tricky to do it on your own, however.

Having started out as a single mother myself, though, I heartily endorse the idea. But I do think you need the advice of an experienced attorney.

Good luck!
Diane


Diane Hinson, Esq.
Creative Family Connections LLC
2 Wisconsin Avenue, Suite 700
Chevy Chase, MD 20815
www.creativefamilyconnections.com