While surrogacy is far more accepted in the United States than in most countries, and increasing rapidly (more than 2,000 babies will be born through it here this year), it remains, like abortion, a polarizing and charged issue. There is nothing resembling a national consensus on how to handle it and no federal law, leaving the states free to do as they wish.
Seventeen states have laws permitting surrogacy, but they vary greatly in both breadth and restrictions. In 21 states, there is neither a law nor a published case regarding surrogacy. In five states, surrogacy contracts are void and unenforceable, and in Washington, D.C., where new legislation has been proposed, surrogacy carries criminal penalties. Seven states have at least one court opinion upholding some form of surrogacy.
California has the most permissive law, allowing anyone to hire a woman to carry a baby and the birth certificate to carry the names of the intended parents. As a result, California has a booming surrogacy industry, attracting clients from around the world. In many states, surrogacy remains a political third rail, drawing opposition from anti-abortion groups, opponents of same-sex marriage, the Roman Catholic Church, some feminists, and those who see surrogacy as an experiment that could have unforeseen long-range effects. In Louisiana, Minnesota and New Jersey, after the state legislatures handily passed bills in the last few years allowing surrogacy in some situations, Republican governors vetoed them.
Women who have been surrogates described the rewards of helping someone start a family, earning money through an arrangement that allows them to stay home and raise their own children (prices vary by region, but surrogates usually receive $20,000 and up), and maintaining relationships with the babies they brought into the world and the couples raising them, through visits and letters.
For a detailed look at what legislation is being proposed I recommend the article in the New York Times.