Is it legal to be a surrogate mother under the age of 18 & get paid for it in the USA?

Question

if you dont do it through an agency, but independantly instead?

what about in the state of pennsylvania?

Answer 1

You don't legally have the right to make those kind of choices until you are 18.

Answer 2

Perdendosi is correct. The answer to your question will generally be based in the law of your state.

1. Generally, when a minor enters a contract, it is not void (i.e. illegal / invalid), but voidable by the minor (the minor can change their mind). However, this differs for a minor that has been emancipated (married, joins armed services, judicial order) if the other party is willing. Note, there may be some exceptions to when a minor cannot get out of a contract.

2. In all states that I am aware of, you cannot be paid a "fee" for surrogacy. It is traditionally void as against public policy (same reason you cannot "sell" your organs). But as Perdendosi points out, the adopting family may usually pay for care and general well being.

Answer 3

(1) Minors generally don't have the capacity to contract.. but that doesn't make the surrogacy "illegal," it just makes the agreement uninforceable. Thus, no one would want to enter into that kind of agreement.
(2) I believe it's against the law to be paid to be a surrogate--the parents can pay for all of your medical treatment, food, prenatal care, etc., but I don't believe you can actually "charge" to use your body, whether you're 18 or not.

Answer 4

No......(1) A minor cannot enter into a contract, and (2) what kind of young woman would want to put herself through that sort of thing? Going through the process of gestation and childbearing is something a person should only do for love, not for money.

If you need money, there are many ways to earn it that do not involve the kind of physical and mental stress and grief having a baby and giving it up will do to you. Please dismiss the idea.

Answer 5

Its illegal in all 50 states ; surrogate mothers are bound to a contract and no minor can agree to a contract.

Answer 6

You're a minor, so no. You can not enter in any type of a contract until you are 18 or emancipated from your guardians.

Answer 7

It won't be legal no matter which state you go to, even if you are 18 years old now. The potential "father" can't even have sex with you without getting into serious trouble.

Answer 8

I thought you had to be 18 to enter into a contract. I could be wrong.

Answer 9

I hope not. That's a big choice and you need to be a bit more mature to consider it. If anyone accepts your offer, they are taking advantage of your youth. Think about it.

Answer 10

Oh, please do not go there. Procreation should not be a money making enterprise and since you had to ask then no one that young should be offering themselves up to those that desire a child. There are so many children who need adoption!