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Explained: The Legal Surrogacy Process In The USA

When you decide to opt for surrogacy, one of the most important things is to understand the legal processes associated with surrogate pregnancy in the United States of America. You might wonder whether surrogacy in the USA is legal or not. It is crucial that you know that the legal aspects associated with gestational surrogacy may vary depending on the state where you want to carry it out in the USA. It is always a good idea to consult with a surrogacy lawyer or a legal expert before starting the process. This will make sure that you are protected against any legal issues that may arise during the entire surrogacy process. Since the USA does not have federal laws associated with surrogacy, you will have to check with your respective state before you start the process.

Is Surrogacy Legal In The US?

The answer to this question is not straightforward because many states allow for surrogacy while others don’t. Therefore, it is important to note if the state that you live in has surrogacy-friendly laws or not. These states are the ones that have recognized surrogacy or have a history of favorable cases when it comes to surrogacy. These states usually grant pre-birth orders to make the process easier for the intended parents despite their sexual orientation or marital status. You can go for uncompensated or compensated surrogacy agreements without any hassles. However, you must note that in the case of traditional surrogacy, the legal aspects can be a little complicated.

The states that can be considered friendly towards surrogacy are Connecticut, California, Washington, Nevada, Delaware, Maine, the District of Columbia, New Hampshire, Rhode Island, and Oregon. Michigan and New York are the two states that are not considered very friendly towards surrogacy. Other states have mixed reviews when it comes to gestational surrogacy. In some cases, they have shown support and positive outcomes while in other cases, there have been negative outcomes.

Where Is Surrogacy Legal In The World?

When it comes to Gestational surrogacy, it is legal in countries including The United States, Russia, Ukraine, Georgia, India, and Kazakhstan. The surrogacy laws might differ from one country to another such as in countries like The USA, or Australia, laws vary by state.

What Is The Average Cost Of Surrogacy In The US?

The average cost of surrogacy may depend on several factors such as the health of the surrogate mother, the experience levels, risks associated with pregnancy, and much more. However, it may range between $90,000 to $130,000. When you think of the cost, you must also consider the legal costs of hiring an attorney and other things because that is definitely a necessity.

How Can You Legally Find Someone For Surrogacy?

Donor egg IVF is one way of doing surrogacy if you opt for gestational surrogacy. If you are looking for a surrogate mother, you need to make sure that she is not less than 21 years old. You can look for a surrogacy agency to help find the right surrogate mother for you. If not, you can also ask your friends and family to help you out. However, you must know all the pros and cons of surrogacy before getting into it.

Why People Prefer California Than Other States For Surrogacy?

California is the pioneer state in surrogacy where it has been carried out for more than 30 years. Legal clarity and years of tradition have led to the best clinic in the world establishing themselves in this state. In addition to that, the demand for voluntary surrogate mothers is also at an intense level. These two factors (large and prestigious clinics, and high demand for pregnant women) make California the preferred choice. Both intended parents and surrogate mothers prefer coming to California. That is why California is considered one of the best states for surrogacy.

What Are The Requirements To Hire A Surrogate Mother In The USA?

This depends on the state where the subrogation process is going to take place since each state establishes its own conditions. For example, here in California, both commercial and altruistic surrogacy is allowed for any type of family model. However, in Utah, only married couples are allowed to access surrogacy.

How Long Does It Take To Do A Surrogacy In The United States?

The time that passes from when a person or couple decides to start surrogacy in the US until they have the baby at home is highly variable and depends on the time spent on each step. The need for more or fewer tests for the future parents, the choice of the surrogate mother and/or donors, the IVF process, the number of attempts to achieve pregnancy, etc. are the main factors to consider. In short, considering all these aspects and the 9 months of pregnancy, the process can last between one and two years approximately.

What Does The US Surrogacy Law Say?

As you can see in the article, surrogacy in the US is not general, but each State has its own legislation in this regard. There are laws that are favorable to the technique while others prohibit it or are indifferent towards it. In general, the US is governed by Anglo-Saxon law, which is what is known as the law created by judicial decisions.

Is Surrogacy Allowed For Single Parents In The United States?

There are states like California where surrogacy is allowed for single parents. On the contrary, there are other destinations such as Utah or Florida whose regulations only allow access to surrogacy for homosexual and heterosexual marriages.


If you are looking for a reputed agency to help you with the entire process of surrogacy from the very beginning, get in touch with us! Based out of California, we are a renowned platform that has helped countless individuals make their journey towards parenthood without any hassles. We are a service-oriented agency that can make your surrogate journey effortless and beautiful with constant support.


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