Question:

Is it illegal to pay for surrogacy?

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Is it illegal to pay your 30 year old sister to have a baby for you?

Is it different state to state? We are in New York.

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9 ANSWERS


  1. make a contract for that you will be adopting the child. and give a cash "gift".


  2. You can pay all medical bills and offer to pay all their Cost of living expences, but paying them is concidered buying a baby.

  3. No its not illegal and it is depending what state you live in state law in new york no they would not allow this  but in California its legal. just like that one guy typed.

  4. No, but it should be.

    Think about it...it IS illegal to sell our organs, so why is it not illegal to sell human infants?

  5. Is this a hypothetical ? or do you wish to acutally use your sisters womb or her yours ?

    Wow I can see the loving side of this but I can also see the downside of this..

    But in regards to the money as you are sisters you could be giving her money anyway...not specifically for that

    But yeah paying for a baby is illegal anyway you look at it

  6. no, just unethical.

  7. I dunno you should  have a contract drawn up anyways even though its family

  8. Many states now have laws against surrogacy except in the case of immediate relatives such as in your case.

    You need to contact a family law attorney.

  9. When you decide which state will be the situs of the implantation, that State's law will control.

    You are not talking about thousands of dollars in legal fees to get the opinion of a lawyer who specializes, and has some considerable experience in, Family Law. You ought to have the agreement drawn up by an attorney anyway - there are huge negative repercussions to an incomplete or sloppily drawn surrogacy agreement.

    3 states by legislation allow surrogacy contracts and specify that the contracting couple are the parents, not the surrogate mother - Nevada, Florida and Arkansas. Many states handle the issue on a case by case basis. California courts have declared that surrogacy contracts are valid and enforceable. New Hampshire and Virginia presume the contracting couple are the parents but allow the surrogate mother to change her mind [sounds very messy].

    I cannot advise you on New York law - I'm not licensed there. See a New York Family Law specialist.

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