Surrogacy in the USA

Surrogacy legislation in the United States varies from state to state and is a subject to regular change. While searching for surrogacy options across the country,  it is likely to encounter states where it is permitted, banned or not mentioned at all.


There is also a variation between states that do not prohibit surrogacy in terms of accepting commercial surrogacy, unmarried couples, naming intended parents in documents and etc. To save time and narrow down the list of options significantly , we have chosen surrogacy friendly destinations based on best experiences and following criterias :


  • Surrogacy is permitted (for heterosexual couples, same-sex couples and single parents)
  • Parents are named on birth certificate and have legal assurances


Surrogacy friendly states
  • California
  • Connecticut
  • Delaware
  • Maine
  • Oregon
  • Rhode Island


If intended parents come across a successfully operating surrogacy agency in any other state, it may be still worth a try. Going through surrogacy legislation by state, it is common to find regions where court is generally very favorable despite of not having a corresponding law.


States that intended parents should NOT consider due to the explicit ban currently include : New York, New Jersey, Indiana and Michigan.


It is not simple to talk about surrogacy in the USA due to constant alterations. When reaching out to the surrogacy agency , commissioning parents should clarify all kinds of information about:


  • Current surrogacy legislation in the state, recent and possible future changes
  • Post and pre-birth orders, who will be mentioned in the birth certificate?
  • Requirements for parents (heterosexual, married or in committed relationship, single, same sex and etc)


California, for example, meets expectations for intended parents independant from marital status and sexual orientation – everything accompanied by a guarantee of parenthood rights based on legal documents.



Taking into account the scales and level of development we are talking about, it is not a problem to find a well equipped clinic in the United States. However, intended parents should know in advance that the average cost for gestational surrogacy in the USA is between $100-140 000. This is not an affordable option for many parents. Fortunately, there is a number of cost effective options for heterosexual and LGBT parents worldwide.