In the USA, surrogacy has been developing since 1991. But it is not legal in all states (only in 8). Such states as Arizona, New York, Utah, Washington and the federal District of Columbia consider surrogacy to be illegal. In the USA, there is no uniform legislative base which regulates surrogacy. Therefore, prior to beginning the process, intended parents should consult with lawyers regarding the registration of the child in one state or another.

Requirements to a surrogate mother:
- a woman under 35 years;
- a future surrogate mother has to be officially married and have not less than one of her own children;
- a surrogate mother should have no unhealthy habits and be absolutely healthy (physically and mentally).

Also, in the case of death of IPs, the responsibility for the child is further borne by the surrogate mother.

Recently the USA government has adopted the law which regulates payments to surrogate mothers. Due to the law, a surrogate mother has to be financially secure. In such a way, the government wants to prevent hoping that women will help childless families not only because of financial needs.

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