Gestational surrogacy contracts are recognized and enforceable by law, however, traditional surrogacy agreements are not addressed by the law nor are they enforceable in court.
In general, most same sex couples are excluded from entering an enforceable surrogacy agreement due to the fact both intended parents must be genetic parents for the court to recognize the agreement. If one intended parent is a genetic parent, the non-genetic intended parent may adopt the child.
intended parents may enter into enforceable surrogacy agreements regardless of their marital status, provided they are both genetic parents. However, if only one intended parent is the genetic parent, then they must be married for the second intended parent to be recognized as an adoptive parent. Single intended parents may enter into enforceable surrogacy agreements provided they are the genetic parent.