It's legal. It is an excellent idea to work with an attorney who handles fertility-related paperwork (you have one attorney and she has another) and sign an agreement in advance of the surrogacy attempt.
What is the nature of your infertility? Could she donate an egg, and you carry the baby? That might be easier all around (though a more expensive process, involving IVF. The way you are discussing, it could just involve a turkey baster.)
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