Surrogacy Law in the United States

Eligibility

Surrogacy law in the United States allows arrangements for singles, heterosexual or same-sex couples, whether married and unmarried

Requirements

Intended parents must not have any pending criminal charges and must demonstrate the financial ability to support and raise a child

Birthright & Citizenship

A Pre Birth Order grants legal parentage, ensuring that the intended parents are officially recorded on the child’s birth certificate

IVF Options

IVF programs range from single to unlimited cycles and embryo transfers, depending on clinic protocols and intended parents’ reproductive goals

Medical options

Gender selection is available as part of the IVF process but can only be performed on embryos that meet specific quality and genetic criteria

Financial Overview

Surrogacy in the United States offers unmatched legal and medical safeguards, but it is also the most expensive option available worldwide

What to Know About

Surrogacy law in the United States

The United States has the longest-standing and most established surrogacy framework in the world. Among all countries where surrogacy is legal, it offers the highest level of legal protection for both domestic and international intended parents.
U.S. surrogacy laws are known for being inclusive. The process is open to all types of families, regardless of marital status, sexual orientation, or the medical inability to conceive. In many U.S. states, parenthood is granted to intended parents before birth through a legal process known as the Pre-Birth Order, ensuring full parental rights from the moment the baby is born.

F.A.Q.
What to Know About

Surrogacy law in the United States

The United States has the longest-standing and most established surrogacy framework in the world. Among all countries where surrogacy is legal, it offers the highest level of legal protection for both domestic and international intended parents.
U.S. surrogacy laws are known for being inclusive. The process is open to all types of families, regardless of marital status, sexual orientation, or the medical inability to conceive. In many U.S. states, parenthood is granted to intended parents before birth through a legal process known as the Pre-Birth Order, ensuring full parental rights from the moment the baby is born.

Surrogacy in the United States: Understanding Program Costs

There is no single cost that applies to every case. The final price depends on a range of factors, including whether egg donation is needed, the type of IVF program selected, the state where the surrogate resides and gives birth, and the jurisdiction where the surrogacy agreement is executed.
Based on our experience and real case histories, we can provide a general estimate. For a full surrogacy journey that includes an egg donor, gestational surrogate, fertility clinic services, and legal support, the average cost is currently around $150,000.
If embryos have already been created, the cost for a program that includes a surrogate, IVF clinic coordination, and legal support is typically closer to $120,000.
While this represents a substantial investment, surrogacy in the U.S. remains the most regulated and legally secure option available, especially for international intended parents seeking peace of mind.

Intended Parent Requirements

The United States does not impose a uniform federal law on who may become an intended parent through surrogacy; rather, eligibility is determined by state legislation. Most surrogacy-friendly states welcome all family types, regardless of nationality, marital status, or sexual orientation. However, certain states may impose additional conditions, such as residency requirements or proof of a genetic connection to the child. Courts typically require intended parents to demonstrate the absence of pending criminal charges, as well as the financial and material means to educate, support, and raise the child. In the case of couples (whether heterosexual or homosexual) legal parentage may be granted even if the intended parents are not married or joined in a civil union.

Medical Insurance and Surrogacy in the U.S.

In the United States, health care is not publicly funded but operates through a private insurance system. As such, it is essential to evaluate the gestational carrier’s health insurance coverage early in the process. While many U.S. surrogates have existing policies, not all plans explicitly cover maternity care arising from a surrogacy arrangement. Intended parents, in coordination with the agency and legal counsel, should confirm whether surrogacy-related expenses are included in the surrogate’s plan. If not, additional coverage or a supplemental policy may be required, a cost typically borne by the intended parents.
In addition to medical insurance, most jurisdictions require that a life insurance policy be taken out in the surrogate’s name, providing financial protection in the rare event of a serious complication. It is crucial to review all policies in detail, as not every scenario is automatically covered. Examples of high-cost events that should be anticipated include multiple births, NICU admission, cesarean delivery, or neonatal surgery. Addressing these variables through comprehensive insurance planning is a vital aspect of safeguarding both the surrogate and the child.

Hybrid, Cross-Border, and Variant Surrogacy Programs

In recent years, some U.S. and international agencies have begun offering hybrid or cross-border surrogacy programs, often under different names and formats. These programs are not defined by a single legal or medical term, but typically involve a gestational surrogate from one country (often the United States) undergoing IVF and embryo transfer in another country where medical costs are lower. After the procedure, the surrogate returns to her home country for the pregnancy and delivery.
The goal behind these hybrid arrangements is to reduce the high cost of surrogacy in the U.S. by conducting part of the medical process, particularly embryo transfer, in countries such as Canada, Mexico, or the UK, where assisted reproduction services are generally more affordable.
However, it’s important to understand that this model is only viable under specific conditions. The surrogate must meet strict criteria, including medical clearance, the ability to travel internationally, and approval from the receiving clinic. Even then, cost savings may be modest, and additional complexities like legal, logistical, and medical should be carefully evaluated.
Still, for some intended parents, a hybrid program can offer a more flexible and cost-conscious alternative to a surrogacy journey conducted entirely within the United States.

Surrogacy with Existing Embryos

For many intended parents, surrogacy represents a final and hopeful step after years of unsuccessful fertility treatments. It’s common for those who turn to surrogacy to have already undergone medically assisted reproduction, such as homologous insemination (using both partners’ genetic material) or heterologous insemination (using donor gametes). When pregnancy is still not achieved, surrogacy becomes a natural next step toward parenthood.
In several surrogacy-friendly countries, including the United States, it is possible to pursue a journey using previously created embryos. These programs typically include one or more embryo transfers, depending on the clinic’s protocol, and in some cases, offer unlimited transfers until all viable embryos have been used. This option can result in substantial cost savings, particularly when the embryos have already been created elsewhere.
However, it’s essential to consider the legal and logistical implications related to the origin of the embryos. The country (or U.S. state) where the embryos were created may have regulations that restrict the export of genetic material for surrogacy purposes abroad. Some clinics are reluctant to release embryos for use in jurisdictions not originally specified in the consent forms.
Therefore, expert legal and medical guidance is strongly recommended both before embryo creation (if possible) and after, when coordinating a U.S. surrogacy journey using imported embryos. Navigating permits and clinic policies is a critical part of the process.
As an alternative, intended parents may also choose to create new embryos directly in the U.S. clinic where the embryo transfer to the gestational surrogate will occur, ensuring a smoother and more predictable path.

Fraternal Twins in Surrogacy

In the United States, one increasingly considered path for same-sex male couples pursuing parenthood through surrogacy is known as the “Fraternal Twins” journey, also referred to medically as dizygotic twins.
This option involves creating two sets of embryos, each fertilized using the sperm of one intended father, but both using eggs from the same donor. As a result, the children are biologically half-siblings, sharing the same egg donor but each genetically linked to a different parent. While they are not identical twins, they are commonly called “twins” because they are conceived at the same time and typically intended to be carried during the same pregnancy.
Unlike in many other countries, surrogacy laws in the United States (in some states) technically allow a surrogate to carry twins conceived from two different fathers (with embryos transferred at the same time). However, most clinics strongly discourage this practice. In fact, the American Society for Reproductive Medicine (ASRM) specifically advises against transferring embryos from separate fathers into a single surrogate due to the increased medical risks associated with twin pregnancies.
Twins are significantly more likely to be born prematurely, studies estimate around 65% of twin pregnancies result in preterm delivery. This can pose serious health risks for both the babies and the surrogate, including complications during birth and longer neonatal hospital stays.

U.S. Legislation and Birthright Citizenship

The United States is the country with the longest and most established track record in surrogacy. While costs tend to be higher compared to other destinations, surrogacy law in the United States offers some of the strongest legal protections for international intended parents. States such as California, Illinois, Connecticut, and New York are considered among the most surrogacy-friendly, thanks to clear and supportive legislation passed in recent years.
It’s important to note that the U.S. does not have a single, unified surrogacy law at the federal level, regulations vary from state to state. While some states have explicit legal frameworks, others permit the practice through court precedent or administrative policy, even in the absence of specific laws.
A major advantage of surrogacy in the U.S. is the principle of “jus soli” (or birthright citizenship). This means that any child born on U.S. soil automatically acquires U.S. citizenship, making it possible to obtain an American passport shortly after birth. This simplifies the return process for international parents and may offer future immigration benefits, depending on the laws of their country of origin.
Lastly, intended parents traveling to the U.S. for surrogacy often benefit from visa-free or simplified entry procedures, depending on their nationality, further easing the logistical burden of the journey.

Pre-Birth Order and the Parentage Process

A foundation of surrogacy law in the United States is the Pre-Birth Order (PBO), a legal document that establishes parentage before the baby is born. This court-issued order ensures that the intended parents, not the surrogate, are recognized as the child’s legal parents from birth.
The process typically begins in the second trimester of pregnancy. Legal documents are prepared, signed, and submitted at least two months before the expected due date. This timeline is important, as early delivery can occur and having the PBO in place ensures a smoother process at the hospital and with civil authorities.
While Pre-Birth Orders may vary slightly from state to state, they all serve the same purpose: to guarantee that the intended parents are listed on the baby’s birth certificate. In some cases, the order also directs the hospital to notify the state’s Office of Vital Records so that the correct names appear without delay or complication.
By securing parentage before birth, the Pre-Birth Order provides clarity, stability, and legal protection for all parties , especially the child.

Post-Birth Order and the Parentage Process

This is a judicial ruling issued shortly after the birth of the child, formally recognizing the intended parents as the child’s legal parents. Despite the name, a Post-Birth Order does not imply that all legal proceedings begin after birth. As with Pre-Birth Orders, the authorization to proceed with the surrogacy and to establish parentage is typically granted by the court during the pregnancy. The main difference lies in when the court’s decision takes legal effect and when it can be recorded by civil authorities such as the Office of Vital Records.

Birth certificate

In surrogacy arrangements involving a couple (whether heterosexual or same-sex) the birth certificate will include the names of both intended parents. Importantly, the surrogate’s name does not appear on the birth certificate. This official document reflects the legal recognition granted through the court process and confirms their full parental status from the moment of birth.

Reflections on Surrogacy in the United States

Surrogacy law in the United States offers one of the most secure legal frameworks in the world for those pursuing parenthood through surrogacy. Although regulations vary by state, many jurisdictions provide structured legal procedures that protect both intended parents and surrogates. For international intended parents, this clarity and legal enforceability can be particularly reassuring. While the journey is often expensive and administratively complex, the combination of legal certainty, access to pre- and post-birth parentage orders, and the availability of private medical care makes the U.S. a trusted and highly regarded destination for this path to parenthood.

surrogacy law in the united states

Call Us 24/7

(+44) 020 3910 4961

or

Schedule a Free Consultation

Surrogacy in the United States

Frequently Asked Questions

These are some of the most frequently asked questions we receive from intended parents exploring surrogacy in the United States. However, every journey is unique, and additional concerns often arise. If you have further questions, we encourage you to reach out to our team.

Surrogacy Countries
Surrogacy in the United States

Frequently Asked Questions

These are some of the most common questions intended parents ask when learning about surrogacy law in the United States. However, every journey is unique, and additional concerns often arise. If you have further questions, we encourage you to reach out to our team.

Who can become an intended parent in the United States?

The United States is one of the most inclusive countries when it comes to who can pursue surrogacy. Intended parents can be married or unmarried, heterosexual or LGBTQ+, and individuals or couples. There is no legal requirement for the intended parents to be U.S. citizens or residents, making the U.S. a popular destination for international families as well.
That said, eligibility may vary depending on the laws of the state where the surrogacy takes place. Some states may have additional requirements related to genetic connection, marital status or legal parentage recognition.

Why is surrogacy in the U.S. so expensive?

A significant portion of the expense comes from surrogate compensation, legal fees, insurance coverage (both for the surrogate and the newborn), agency coordination, psychological screening, and postnatal documentation.
Other key expenses include private medical care, which is the standard in the U.S. Unlike countries with national healthcare systems, labor and delivery are handled through private clinics and hospitals, often at a premium cost.

How long do we need to stay in the United States after the birth?

The length of stay in the United States after child’s birth can vary, but most international intended parents should plan to remain for at least 3 to 6 weeks. This period allows time to complete legal formalities, receive the final birth certificate and obtain the baby’s passport or travel documents.
While this period can be logistically demanding, many parents find it to be a meaningful time to bond with their newborn and prepare for the transition home. Some choose to rent short-term housing or stay near the hospital and civil registry offices until all formalities are completed.

Is gender selection possible in the United States?

Yes, gender selection is legally permitted in the United States and is commonly offered as part of the IVF process through Preimplantation Genetic Testing (PGT-A or PGT-SR). This testing allows intended parents to identify the chromosomal sex of embryos before they are transferred to the surrogate’s uterus.
Intended parents considering gender selection should discuss it early in their journey with both the IVF clinic and their legal team, as it may influence the choice of embryos and timeline of the process.

What nationality will the baby have if born in the United States through surrogacy?

A baby born in the United States is automatically granted U.S. citizenship by birth, under the principle of jus soli (right of the soil). This applies equally in cases of surrogacy.
The baby will receive a U.S. birth certificate and is entitled to a U.S. passport. However, intended parents must also address the process of transferring or establishing the child’s citizenship in their home country, which may require additional steps, such as recognition of legal parentage, DNA testing, or court orders. Requirements vary by country, so it is strongly advised to consult with an attorney in your home country early in the process.
While the U.S. automatically grants citizenship, this does not mean the intended parents receive U.S. citizenship or residency rights as a result.

Can we use embryos created in another country?

Many intended parents may have embryos stored in their home country from previous assisted reproduction treatments (such as IVF cycles that did not result in a pregnancy) and choose to use those embryos in a U.S. surrogacy journey. Transporting existing embryos can be both emotionally and financially practical, allowing parents to move forward without repeating earlier medical procedures.
However, international embryo transport is a complex process that requires careful planning. Specialized medical couriers are used to ensure the embryos are transported safely in cryogenic tanks under strict temperature control. The receiving clinic in the U.S. must agree in advance to accept the embryos and will require detailed documentation regarding the embryos’ origin, genetic screening (if applicable), and the consent of all parties involved

Interested in discussing?

Please fill out the contact form, and our team will get in touch with you within 24 hours.

    Happy to help!

    If you need someone to talk to, we listen. Every journey is unique, we’re here to support yours.

    London

    71-75 Shelton Street, Covent Garden, London, WC2H 9JQ

    Email: uk@surrogacylawscenter.com

    Barcelona

    Carrer de Tuset, 17, 1-2 Sarrià-Sant Gervasi, 08006

    Email: es@surrogacylawscenter.com

    Mexico City

    Michelet 80, C.P. 11590, Alcaldia Miguel Hidalgo

    Email: mx@surrogacylawscenter.com

    San Diego

    9850 Genesee Ave #300,
    La Jolla, CA 92037, USA

    Email: us@surrogacylawscenter.com