By January 1, 2019 there will only be three states that have published statutes or case law that prohibit compensated surrogacy contracts - those states being Louisiana, Michigan and New York. With the State of Washington amending its Uniform Parentage Act to decriminalize compensated surrogacy to be effective January 1, 2019 and New Jersey just recently providing for enforceable gestational carrier agreements.
Catching Up to Medical Science - New Jersey to Make Compensated Surrogacy Possible
Who gets frozen embryos in a divorce?
There are still so many grey areas when it comes to the laws surrounding assisted reproduction. At the same time, more couples are using procedures like in vitro fertilization to have their own families. Because of this, the courts are hearing more and more cases where there just aren't any hard and fast rules - or real precedent - to look at.