Complete Guide to Surrogacy in the USA: Laws, Costs and Process

Surrogacy has become an increasingly popular way for people to grow their families when they are unable to conceive or carry a pregnancy themselves. The process involves a surrogate carrier who agrees to become pregnant and give birth on behalf of the intended parent(s).

• Book an online appointment: Get a free online consultation. 
• Call\W:+91-8800481100 Email:[email protected]
  
  

Surrogacy comes in different forms, but must abide by a complex set of laws that vary widely state-by-state across the USA. There are also many factors for intended parents to consider related to eligibility, costs, the screening process, contracts, and more if they decide to pursue surrogacy.

Additional Resources to Read:

Surrogacy in Argentina

Surrogacy in Ukraine

Surrogacy in Kazakhstan

Surrogacy in Argentina

This comprehensive guide will walk through everything you need to know about pursuing surrogacy in the United States. We’ll cover:

• Surrogacy laws and regulations in each state
• Types of surrogacy arrangements and processes
• Requirements to become a surrogate
• Costs associated with surrogacy and financial assistance programs
• Finding and screening prospective parents
• Step-by-step explanation of the typical surrogacy process

Whether you are considering becoming a gestational carrier or using a surrogate to start your family, this guide aims to educate on the intricate legal, medical, financial and emotional facets to surrogacy in the USA.

Key Takeaways:

• Surrogacy provides an alternative way to start a family through a carrier who gestates a pregnancy on intended parents’ behalf. Different arrangements exist.
• Laws regarding compensated surrogacy, parentage rights, contract legitimacy and other key issues vary enormously state-by-state across America. Carefully research location-specific regulations.
• The average cost of surrogacy in the U.S. falls between $90,000-$130,000 for all medical, legal, agency and other expenses across a typical journey. Real costs can be higher or lower.
• Even within the complex legal and high-price environments domestically, some cost-saving measures exist – from insurance coverage in rare cases to working with cheaper secondary agencies.
• For those unable to pursue domestic surrogacy arrangements due to legal bans locally or high costs pricing them out, international options provide major savings.

How Does Surrogacy Work in the USA

There are two main types of surrogacy arrangements in the United States – traditional surrogacy and gestational surrogacy.

In traditional surrogacy, the surrogate mother provides her own egg to be fertilized with the intended father’s sperm. This makes the surrogate biologically related to the baby. Gestational surrogacy is more common today – this involves in vitro fertilization using the eggs and sperm of the intended parents or donors. The surrogate has no genetic relation to the embryo.

Those considering surrogacy will need to find a qualified surrogate who meets health, psychological and lifestyle criteria. Many turn to established surrogacy agencies who can match prospective parents with surrogates meeting strict eligibility standards. Others may privately identify a surrogate through recommendations or independent matching services.

There is an extensive legal process involved in surrogacy arrangements to establish parental rights and protect all parties. A surrogacy contract is created addressing compensation, medical decisions during the pregnancy, legal rights after birth, and more. Legal counsel helps ensure state laws are carefully followed, documents are legally sound, and parental rights are properly assigned through court orders after the baby’s arrival.

The medical process will include screening of the surrogate, implantation of the embryo, and appointment throughout a hopefully healthy pregnancy leading up to delivery. Doctors specialized in fertility and reproduction often oversee the medical side of gestational surrogacy.

Is Surrogacy Legal in the USA?

Laws regarding surrogacy in the United States vary widely on a state-by-state basis. In many states, legislatures are still playing catch-up to balance the complex legal and ethical questions surrounding surrogacy agreements and parental rights.

New Jersey and Washington explicitly prohibit commercial surrogacy contracts. New York passed legislation in 2022 allowing and regulating compensated gestational surrogacy within the state. States like California and Illinois do permit commercial surrogacy, while others have few concrete regulations or case law precedents in place for now.

Due to the inconsistent patchwork of surrogacy laws across the 50 states, it is crucial to research regulations in any state being considered as a potential location to match with a surrogate. Those pursuing cross-border arrangements must be aware of residency requirements and legal risks as well.

Some of the key legal considerations include:

• Allowance of compensated surrogacy arrangements
• Enforceability of surrogacy contracts and agreements
• Rights of surrogate mothers vs intended parents
• Pre-birth orders to establish legal parentage after delivery

While the conflicted legal status of surrogacy poses challenges, many prospective parents do successfully find supportive conditions and welcoming agencies across this complex backdrop of state laws.

However, it is vital to closely evaluate locations under consideration both for surrogacy itself and for securing immediate legal rights to any resulting children. Consultations with specialized attorneys is highly recommended when exploring options.

Surrogacy Laws and Regulations By State

Surrogacy laws across the 50 U.S. states vary enormously – from outright bans to fully legal commercial arrangements. Below summarizes key regulations in each state:

Surrogacy Laws in the USA by States- Comprehensive Table

Step By Step Process of Surrogacy in USA

·       Signing of Surrogacy Contract

The medical and legal journey begins by signing a surrogacy contract clearly outlining compensation, medical decision making, legal rights, insurance provisions, and other crucial agreements between the intended parents, surrogate, attorneys, and agency if applicable.

·       Harvesting and Fertilization of Embryo

The intended mother undergoes IVF procedures for ovarian stimulation and egg retrieval or a donor’s eggs may be used instead. The eggs are then fertilized by sperm from intended father or donor and allowed to develop into embryos in a specialized lab.

·       Transferring Embryo and Achieving Pregnancy

Once the embryo reaches blastocyst stage, the fertility clinic transfers it into the gestational carrier’s uterus via a thin catheter. Regular blood tests and ultrasounds confirm if implantation results in a successful surrogate pregnancy.

·       Prenatal Appointments and Delivery

The surrogate follows a typical prenatal schedule with her medical team conducting routine checkups monitoring the expected baby’s growth and development, and the carrier’s health throughout the pregnancy leading up to birth.

·       Hospital Discharge and Postnatal Care

The standard hospital discharge process applies post-delivery. The surrogate may pump breastmilk to be bottle-fed later by the intended parents. She should physically recover under doctor guidance as well.

·       Legal Process of Securing Parental Rights

Using the established contract and pre-birth court order in states allowing it, the intended parents file documentation, often with the agency’s assistance, to fully secure legal custody and issue the birth certificate listing them as sole parents.

Let me know if you need any clarification or have additional recommendations on improving this overview of the typical key steps involved along the path to successfully starting a family via surrogacy in America.

• Book an online appointment: Get a free online consultation. 
• Call\W:+91-8800481100 Email:[email protected]

Requirements to Become a Surrogate Mother in USA

Becoming a gestational carrier involves meeting strict health and eligibility criteria set by surrogacy agencies and intended parents.

Typical requirements include:

• Age between 21-40 years old
• Proven fertility and 1-2 prior pregnancies with no major complications
• Physically and mentally healthy – including BMI within healthy range
• Leading a healthy lifestyle without drugs, smoking or alcohol abuse
• Have a stable support system and living situation
• Pass extensive medical testing and screening
• Complete legal and psychological assessments
• Willingness to adhere to agency contracts and parental preferences

After an initial application process, candidates undergo thorough medical examinations, infectious disease screening, pap exam, testing for STDs, updating immunizations, completing family medical histories and reviewing behavioral factors. Psychological evaluations often follow assessing mental suitability as well.

Those clearing initial phases will work closely with an agency matching them to prospective parents based on shared goals, preferences, beliefs and personalities. Mutual comfort levels must be established during extensive discussions before moving forward.

While quite selective, meeting elite surrogate eligibility opens doors to generous financial compensation packages from intended parents, often topping $50,000+ per successful pregnancy depending on experience levels and other unique criteria.

Additional Resources to Read:

Surrogacy with 2 Surrogate Mothers

What is the Surrogacy Intake Process For Surrogate Mother

Surrogacy Cost In the USA: Exploring Surrogate Mother Costs

What are Surrogate Mother Requirements

For those intrigued about embarking on the profoundly meaningful surrogate journey, registered agencies provide safest process for screening, matching, supporting and guiding candidates each step of the way. Reaching out to multiple established industry players makes for best chance at selection.

Cost of Surrogacy in the USA

Surrogacy in the U.S. can be an expensive process, with the average cost ranging between $90,000 and $130,000, per pregnancy. However, costs can go up significantly higher depending on the unique circumstances.

Some of the main expenses include:

• Agency Fees – Reputable surrogacy agencies often charge $25,000+. They provide extensive screening, matching services and legal/medical coordination throughout.
• Surrogate Compensation – In addition to covering medical and other pregnancy-related costs, most U.S. surrogates receive compensation ranging from $35,000 to $50,000. Additional payment may be offered for multiples or prior experience.
• In Vitro Fertilization – The medical procedures related to harvesting eggs, fertilization, embryo culture/transfer often cost $15,000 to $30,000 per cycle. Medications add several thousand more.
• Legal Fees – Legal counsel for surrogacy contracts, establishing parental rights, guidance navigating state laws may cost intended parents $10,000+
• Other expenses – Escrow administration, surrogate travel reimbursement, insurance premiums also contribute to the overall surrogacy costs.

The wide price range for surrogacy reflects factors like where you reside, compensation rates in your area, whether egg/sperm donation is required, insurance coverage, unforeseen medical needs, and more. However, those considering surrogacy should be prepared for a minimum investment around $100,000 in most cases.

Here is a draft table breaking down the typical costs associated with surrogacy in the USA:

How Much Does Surrogacy Cost in USA?

For hopeful parents-to-be considering domestic surrogacy arrangements within the United States, one of the most pressing questions is simply – how much is this going to cost?

The answer is not straightforward given the vast variability in pricing across different states, individual circumstances, healthcare policies and clinics. However, surrogacy in America does carry hefty costs no matter how it’s pursued.

Overall, estimates typically land between $90,000 to $130,000+ on average for a successful surrogate pregnancy and delivery. Those baseline figures assume using agencies, IVF procedures, legally binding contracts, and support establishing parental rights.

Of course with surrogacy, as in regular pregnancies, not every attempt results in a baby being born. Failed transfers, miscarriages and other setbacks mean pre-baby expenses stack even higher through repeated cycles and revised legal frameworks.

For those hoping to discover the most budget-friendly path forward with surrogacy in the USA, a few lower-cost regions and scenarios do exist. Intended parents willing to conduct extensive research, exert patience navigating the intricate processes, and take on higher risks of legal uncertainties or fraud, may potentially keep some surrogacy expenses around $60,000-$80,000 in rare cases.

Total Estimate for Surrogacy in USA: $90,000+ on average, up to $130,000+ in many cases

Why surrogacy price is so high in America?

There are several key reasons why pursuing surrogacy in the United States often comes with an exceptionally high price tag:

1. High Healthcare Costs: The American healthcare system is notoriously expensive, with IVF treatments, medications, doctors visits and hospital charges for pregnancy, birth and postnatal care driving up medical bills for surrogacy arrangements.
2. Surrogate Compensation: Surrogates in the U.S. tend to earn $30,000-$50,000 base pay or even more, especially in high demand states like California where competition is fierce for proven, healthy carriers.
3. Legal Complexity: Navigating the inconsistent state-level surrogacy laws and securing immediate parental rights after birth requires extensive professional legal assistance in most cases – at typical lawyer rates of $300+ per hour.
4. Insurance Limitations: Very few insurance plans fully cover fertility treatments, genetic screening or surrogacy-related costs, leaving intended parents paying for expensive procedures completely out-of-pocket.

What Are Cheapest Surrogacy Options in the USA

While the costs of surrogacy in the U.S. are daunting no matter how you cut it, there are some ways intended parents can reduce expenses without sacrificing quality:

Consider Gestational Carriers Over 30 Years Old: Surrogates in their early 20s often demand premium compensation rates, while those over 30 tend to have lower base pay expectations. Since age under 35 does not significantly impact surrogate or baby health, going with an early 30s carrier can lop $10,000+ off costs.

Seek Discounted or Pro Bono Legal Services: Some surrogacy lawyers and law firms offer free consultations, sliding-scale rates, or even pro bono services for those who qualify. Explore clinics and agencies catering to lower-income couples as well.

Investigate Insurance Options Thoroughly: While not all insurance policies cover IVF or surrogacy, some state Medicaid programs and employer-based plans do include benefits that can dramatically reduce out-of-pocket medical fees if tapped effectively.

Comparison Shop Agencies for Lower-Cost Packages: Surrogacy agencies vary widely in their fee structures – from almost $40,000 on the high end down to around $20,000 for much leaner operations. The lower-budget agencies still offer solid support and matching services.

Consider Cheaper Surrogacy Locales Like Arkansas: Certain states have built surrogacy industries around more affordable pricing overall – with child rearing costs, typical incomes and regulations all impacting typical local rates that get passed down to intended parents as well.

International surrogacy countries: Surrogacy abroad is much affordable. Some of the cheapest surrogacy countries like Mexico, Colombia, Argentina and Georiga offer low cost surrogate mother with 70% less cost than America.

With some diligent research, perseverance, sacrifice and luck, it may be possible to keep total surrogacy expenses around or even under $100,000. However, no one should pursue cut-rate options that compromise legal protections, health precautions or relationship integrity between parties. Navigating budget surrogacy requires immense care.

International Surrogacy Counties with Affordable and Safe Options

Those finding domestic surrogacy in the United States cost-prohibitive even after subsidies, or running into restrictive state laws, may consider hiring a surrogate from another country. Some top destinations for international surrogacy include:

Ukraine: One of the most affordable and increasingly popular overseas surrogacy sources for US intended parents. Gestational surrogacy is legal and available from $30,000-$45,000 total. Nearly all facilities and staff speak English as well.

Georiga: Also offers regulatory friendly, lower-cost surrogacy for foreign couples wish to have easy access for medical visits and maintain connections throughout pregnancy. Total costs often under $50,000+.

India: For many years, India had been the global capital for surrogacy tourism. However in 2021, India banned international couples from hiring Indian surrogates – allowing only domestic intended parents now to work with in-country carriers.

Mexico: Allows commercial surrogacy, features experienced agencies and clinics just across the border from southern US, and costs around half of going rates in America. An option with geographic and cultural convenience. The cost varies from $50,000 to $70,000 for secure plan.

Colombia: Allows altruistic surrogacy, and much safer option for single men surrogacy and gay couple surrogacy due to favourable legal framework. The cost varies from $50,000 to $65,000 for secure plan.

While international surrogacy can slash total pregnancy costs by 50% or more, significant legal issues and risks come into play as well. Must closely evaluate residency timelines, citizenship paperwork, country laws and other complications surpassing just medical oversight.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  Complete Surrogacy Agency. We offer legally secure and affordable surrogacy consulting services for FREE.

For more resources on IVF and Surrogacy, browse our other web page- IVF Conceptions.

For more resources on IVF and Surrogacy, browse our other web page- Georgia Surrogacy Agency.

Our team has over 14 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families. 

References used: 

• https://resolve.org
• https://www.asrm.org/

FAQs for surrogacy in America 

What is the difference between traditional and gestational surrogacy?

Traditional surrogacy uses the surrogate’s egg, making her biologically related to the baby. Gestational surrogacy uses an embryo from the intended parents or donors, thus the surrogate is not genetically related to the child.

Is surrogacy legal in all 50 states?

No. State-level surrogacy laws vary widely from fully illegal to entirely unregulated currently. It’s critical to review locations under consideration.

What is the average cost for surrogacy in America?

The typical all-in cost ranges from $90,000 – $130,000 per successful pregnancy using a surrogate. Expenses can sometimes go higher.

What factors affect the costs of surrogate pregnancy?

Key cost drivers include the surrogate’s base compensation, IVF medical procedures, legal complexities in the destination state, insurance coverage levels, and more.

Are there any financial resources available for expensive surrogacy?

Some clinics offer discounts. Limited state healthcare programs may provide income-qualified intended parents assistance with certain surrogacy medical expenses in isolated cases. But most costs are out-of-pocket.

Can the surrogate mother change her mind and keep custody rights to child?

In most states, the legally binding contract combined with court-approved pre-birth orders ensure the intended parents secure sole custody. But a few states still allow surrogates to contest parental rights under select conditions.