Surrogate mothers are women that are often paid to carry another couple's child because the mother is not able to conceive or carry her own baby. There are two forms of surrogacy that are commonly used in the United States. Surrogacy is not legal in all states, so you will want to make sure that the practice is allowed where you live if you want to pursue parenthood by surrogacy.

The two types of surrogacy commonly used today are:

• Traditional surrogacy: This involves the artificial insemination and fertilization of the surrogate mother using the father's sperm. For a long time, this was the only type of surrogacy available. In this situation, the surrogate mother is technically the mother of the child that is born.
• Gestational surrogacy: This is a surgical procedure which involves implanting the surrogate mother with an embryo that was created from the father's sperm and his partner's egg. This is a complicated procedure, but the child will be biologically related to both parents. Oftentimes this is much more expensive than traditional surrogacy.

When a mother decides to carry a surrogate child, she must sign an agreement with the child's biological parent or parents. This is crucial, as it can prevent serious legal problems down the road. In some cases, the surrogate mother may grow attached to the baby after giving birth, and will try to fight for custody. This can be especially difficult in traditional surrogacy arrangements, where the baby is biologically the mother's child.

A surrogacy contract can compel a mother to relinquish the baby to its rightful parents should she change her mind and want to keep the child. When creating a surrogacy agreement, both the surrogate mother and the child's rightful parents are advised to hire family law attorneys to oversee the process. Each surrogacy contract should include:

• The date of the agreement
• A statement that all parties are over 18
• Details of the surrogate's health insurance coverage and her agreement to keep existing coverage in full force and effect
• Statement that the mother is unable to sustain a pregnancy
• Arrangements about the health and diet of the surrogate during the pregnancy
• Agreement that the surrogate will not terminate the pregnancy
• Agreement that the surrogate will relinquish the child at birth

There are a variety of other items that should be included in these contracts, so make sure to hire a reliable attorney to assist you with drafting these very important documents. It is important to note that some states allow homosexual couples to use a surrogate in order to have children. This is becoming a more common practice as the gay community flourishes in the United States. In traditional surrogacy, the father is automatically the father of the baby that is born. The other parent will need to adopt the child legally before that child will belong to that mother or father.

In the state of Arizona, it is illegal to create a surrogate parent contract granting parental rights to the birth mother. In California, there is not surrogacy statute but the state typically uses the Uniform Parentage Act to deal with any legal arguments regarding surrogacy. As well, in the District of Columbia all surrogacy agreements are required, and they are unenforceable when created. The act of surrogacy is still legal in the District of Columbia. In Florida, the state allows surrogacy but not for LGBT couples. Florida surrogacy law limits parenting agreements to married couples only.

Whether you are trying to adopt a surrogate child, or want to arrange a surrogate agreement that is legal in your state, don't hesitate to contact a local attorney to help you.