## Surrogacy law in South Dakota **Surrogacy** is when a woman (the "surrogate" or "gestational carrier") carries a pregnancy for intended parents. Legal recognition varies dramatically by state. ### South Dakota status Permitted; limited case law. ## Two main types **Traditional surrogacy:** - Surrogate uses her own egg - Genetically related to child - Legally complex; many states restrict - Generally requires post-birth adoption **Gestational surrogacy:** - Embryo created from intended parents' / donor genetic material - Surrogate carries but is NOT genetically related - Most common modern arrangement - More widely accepted - Pre-birth orders often available ## Pre-birth vs post-birth orders **Pre-birth orders:** - Court order issued BEFORE birth establishing intended parents as legal parents - Hospital records show intended parents on birth certificate from day 1 - Available in surrogacy-friendly states - Eliminates adoption process **Post-birth orders / adoption:** - Required where pre-birth orders not available - Surrogate's name initially on birth certificate - Adoption / parentage proceedings transfer rights - Adds time + cost + legal exposure ## Common surrogacy contract provisions - **Compensation** — base + medical + lost wages + life insurance + maternity clothes - **Medical decisions** — pregnancy / delivery decisions - **Embryo transfer numbers** - **Selective reduction / termination** - **Behavior during pregnancy** — diet, alcohol, travel, employment - **Insurance coverage** - **Indemnification** - **Genetic testing** - **Confidentiality** - **Post-birth contact** - **Post-birth dispute resolution** ## Legal recognition spectrum **Friendly states** (CA, IL, NV, MA, ME, NJ, CT, RI, DC, NH): - Comprehensive statutes - Pre-birth orders standard - Same-sex couples + single parents fully recognized - Generous compensation allowed **Permissive states** (FL, TX, UT, VA, NC, others): - Permitted by statute or favorable case law - Pre-birth orders generally available - May restrict by sexual orientation, marital status (less now post-Obergefell) **Restrictive states** (LA — LGBTQ restrictions, NE, MI): - Statutes void surrogacy contracts - Workarounds via post-birth adoption - Higher legal risk **Recent reform states** (NY 2021, MI 2024): - Catching up to friendly-state framework ## Compensation **Surrogate compensation typically:** - Base fee: $40,000-$70,000+ (varies by state, experience, multiples) - Medical expenses - Maternity clothes - Lost wages - Travel + accommodation - Life + disability insurance - Counseling - Multiples premium - C-section premium - Health-care premiums **Total cost** for intended parents: $100K-$200K+ including agency, legal, medical, and surrogate fees. ## Surrogacy + LGBTQ families Same-sex male couples + single fathers commonly use gestational surrogacy. Post-Obergefell: - Same legal recognition as opposite-sex couples in most states - Some states still impose restrictions - Confirmatory adoption recommended for portability ## International surrogacy Going abroad for surrogacy: - **Cheaper** in countries like Ukraine (pre-war), Mexico, Colombia, India (now restricted) - **Legal complications** when returning to U.S. - **Citizenship issues** for child - **Risk if home country doesn't recognize** - Many "surrogacy-friendly" countries have restricted recently ## Common challenges - **Surrogate-disputes** over decision-making during pregnancy - **Intended-parent disputes** if relationship breaks down - **Medical complications** - **Birth-certificate issues** if pre-birth order not obtained - **Insurance coverage** disputes - **Custody disputes** in restrictive states - **International / multi-state recognition** issues ## What you should do If you're considering surrogacy in South Dakota: hire a reproductive-law attorney from the START. South Dakota surrogacy law is complex and the wrong contract / process can result in custody disputes. Most reproductive-law attorneys offer paid initial consultations; agencies often have referral networks. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Surrogacy law varies dramatically. Talk to a licensed South Dakota reproductive-law attorney about your specific situation.*