318However some 314Assemb. B. 4319, 2015 Assemb., Reg. Sess. (N.Y. 2016) [hereinafter proposed Child-Parent Security Act]. 315Id.at § 581-405 (5) 316California Family Code § 7962(f), 79 Del. Laws, c. 88, § 8-806, Me. Rev. Stat. § 1931, NRS 126.750(2), NH Stat. Title XII, Chapter 168-B:8-9, NJ Assembly No. 910(5)(5) (proposed). 317Amanda M. Herman, The Regulation of Gestation: A Call for More Complete State Statutory Regulation of Gestational Surrogacy Contracts, 18 CHAPMAN L.REV..553, 566 (2015). Some states provide for optional reimbursement of the surrogate, including funds to pay for separate legal counsel. SeeinfraAppendix A (for example, New Hampshire specifically includes legal expenses in its list of what may be reimbursed). 318Child-Parent Security Act § 581-203.
Surrogacy Law and Policy in the U.S.Columbia Law School Sexuality & Gender Law Clinic (2016) `47 states require a similar 90-days’ residency before parties can even enter into a surrogacy contract. 319Residency requirements reflect the complicated nature of surrogacy across the U.S. states and the attempts states have made to protect themselves from intended parent/s traveling across state lines to take advantage of laws seen as more favorable to surrogacy.3202. Criteria Applying to Intended Parent/s The proposed Child-Parent Security Act requires that the intended parent/s be adults, and, if married, both spouses must enter into the contract unless they are legally separated or have lived apart for at least three years.321However, it also allows single people and those in intimate partnerships to enter into surrogacy contracts.322Proponents reason that these neutral provisions ensure that the state does not discriminate against certain non-traditional family structures and protect the right to procreate as being independent from marital status.323Under the proposed Child-Parent Security Act, intended parent/s need to agree in advance to accept legal custody of all children immediately upon birth.324Including this clause in the contract provides certainty to the intended parent/s and ensures stability for the child, thus following the best interest standard.325Some states require that the intended parent/s be unable to conceive naturally without the risk of health problems to the parents or fetus.326These restrictions face criticism from those who claim they could create complications for same-sex couples or single men, who would not be able to biologically conceive as a couple but may not have any medical condition related to fertility.327Although the proposed Child-Parent Security Act requires the surrogates to undergo a medical evaluation, it does not say anything about the health of the intended parent/s’ or their ability to conceive. This increases the number of people who could enter into surrogacy contracts.Some states also require a home study before intended parent/s can enter into a surrogacy contract,328reflecting a view of surrogacy that is more like adoption, even in the cases of full surrogacy where the intended parents contribute all genetic material.