Surrogacy in USA- Best Agencies, fee, cost effective service and Law (2023)

Surrogacy in the USA can be within reach now!

Surrogacy in the USA can be affordable with our hybrid surrogacy services. At IVF Conceptions, we help prospective intended parents from all over the world to realize their dream of parenthood. Surrogacy in the USA is an amazing but costly way to become a parent. We offer, surrogacy in the united states, which is legally secure yet affordable.

What we will cover in this article:

1. Surrogacy in USA- An overview.

2. Why surrogacy in USA?

3. Is surrogacy in the United States Legal?

4. Which U.S. States are Surrogacy-Friendly.

5. Conclusion

Surrogacy in the USA- An overview

Surrogacy in the USAbegan more than 30 years ago and has since attracted several people – straight, gay, married, or single from across the globe.

Surrogacy is frowned upon by many countries like Germany, France, the UK, Ireland, Italy, Portugal, Spain, Switzerland, Sweden, and much more. The prospective parents from these European countries rush to the USA to expand their families.

European countries have strict prohibition policies on surrogacy. That is why countless couples from Europe and China turn to surrogacy in the USA. Laws about surrogacy in the USA are guarded for both surrogate mothers and intended parents.

As per

Between 1999 and 2013, about 2% (30,927) of all assisted reproductive technology cycles used a gestational carrier.
The number of gestational carrier cycles increased from 727 (1.0%) in 1999 to 3,432 (2.5%) in 2013.

Thousand of families expand each year with the help of surrogacy services in the US, and we are proud to be assisting a few of them with supportive conceptions of surrogacy.

Same-sex couples who are restricted to surrogacy in their countries, choose to travel to the US to get quality services. With cutting-edge technological advancements and legal infrastructure, surrogacy in the USA offers myriad possibilities to wishful parents across the globe.

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Why surrogacy in the USA?

Typically surrogacy cost in the USA is higher and recommended to parents, who have enough financial resources. It goes without saying that the success rate of the best surrogacy agencies in USA.

American intended parents are not the only people who wish to do surrogacy in the USA, many more come from abroad. Due to restrictive laws that make surrogacy difficult in their home nation, many intended parents around the globe find themselves considering surrogacy in the United States to fulfill their dreams of parenthood.

International intended parents have many international surrogacy options, globally, but none quite like surrogacy in the United States.

Due to state-specific surrogacy legislation, the US has several locations where parents of all nationalities may safely pursue a surrogacy process. Here, the rights of parents, as well as surrogate mothers, are well covered.

The questions of parentage, quality standard of medical clinics, and security which may concern international parents from other nations are not a concern when they do surrogacy in the U.S.

Over the years, infinite international surrogacies have been finished in the US — and still, continue!

There are several specific areas that will make a US surrogacy the best path for you as an overseas parent:

#1. A Well-Developed and implemented Legal Procedure for surrogacy in the USA

As mentioned before, the Surrogacy process in the USA is governed by state laws, not federal ones. This implies that each state has created its surrogacy process for couples, varying from no legislation at all to more restrictive laws.

Consequently, there are many locations in the U.S. where international surrogacy can take place in a manner that puts intended parents at ease. There are many best surrogacy clinics in USA and surrogacy agency that have a high success rate.

Surrogacy in the USAis allowed in several locations of the U.S. No matter what USA surrogacy agency you choose, they will ensure you’re matched with a surrogate from a surrogacy-friendly state.

This is critical to work with a surrogacy-friendly state that allows you to:

  • Create an enforceable surrogacy contract of rights and responsibilities.
  • Establish your parental rights before your baby is born and even after that.
  • Ensure that your surrogate is currently getting proper care and compensation throughout her pregnancy.
  • Surrogacy in US., therefore, provides numerous legal protections that you may not get in another nation
  • Additionally, if you’re an international LGBT couple, keep in mind that the US recognizes gay marriage — which implies you can both be named legal parents of your kid before you return to your home nation.

#2. There are various surrogates eager to work with LGBT couples of all nationalities.

Surrogacy attorneys across the united states can represent your surrogacy case during the surrogacy process. That is to make sure you get legal protection, and that your surrogacy process meets the legal standards as required.

#3. Surrogates that are fully screened and ready for surrogacy in the USA or outside the USA

The procedure for surrogacy in the united states cares more for the interest of the surrogates than other nations could. That is why legal surrogate mothers in the USA are available. The average surrogate mother cost in USA is $60,000 to $70,000 USD for a typical U.S. journey.

In other less-developed nations, surrogate mothers are treated with questionable ethical practices. Including, underpaying surrogates for their services, and forcing surrogates to live away from family, probably in a surrogate house in USA until the surrogacy baby is born.

#4. Surrogacy in the USA is for ALL would-be parents.LGBT/Gay Men Surrogacy in the United States

USA Surrogacy offers incredible options to all prospective parents. With full acceptance for all communities, it offers equal opportunity to wishful parents irrespective of their race, sexual, and marital status. World-renowned best surrogacy centers in USA are dedicated to fulfilling the dream of becoming parents for intended parents.

In the USA, a state like California is same-sex couples friendly and is one of the best options for gay couple surrogacy in the USA.

It is true that same-sex couples must struggle at multiple levels in society. Child Adoption and becoming a parent via surrogacy are two such significant challenges for these couples.

IVF Conceptions understands and accepts the LGBT community and offers them the gift of parenthood through surrogacy that might otherwise be illegal in their state. We work with the best surrogacy agency in USA and surrogacy attorneys in the nation.

So, is surrogacy legal in USA? US laws on surrogacy are based on the surrogate mother’s statehood and the state in which the child is born. So, if the child is born in a surrogate-friendly state, the intended parents get full legal custody. This is a prime reason that gay couples from Europe choose to travel to the USA for surrogacy procedures.Surrogacy in USA- Best Agencies, fee, cost effective service and Law (3)

We offer surrogacy in California, which is lawfully the most favorable surrogacy destination for LGBT/Gay men surrogacy seekers, worldwide.

As per California State surrogacy law, surrogacy is equally allowed for singles, same-sex couples, married couples, and hetero couples.

Commissioning Parents should make sure that they are represented by a skilled and experienced reproductive attorney.

It is crucial to make sure that all the details about the surrogacy arrangement are documented well in a surrogacy agreement. This will protect the rights of IP and Surrogate mother in USA equally.

#5. Professional and experienced surrogacy operators for surrogacy in the USA

Surrogacy is a continuously changing process, so lesser developed nations around the globe might not have the resources to ensure that their surrogacy operation is as up-to-date.

Whenever you are pursuing surrogacy in one of these nations, your overall surrogacy process might not be as secure as it is in the USA.

With surrogacy in the USA, your surrogacy will be achieved with the latest developments in IVF clinics, legal protections, and more. Surrogacy laws in USA are usually better developed and more detailed than in other nations.

TheUSA surrogacy agencieshave years of experience in successfully helping intended parents. Surrogacy agencies in other nations might not have this expertise. Even when you’re an international parent, you will receive the same quality and amount of services as a local intended parent.

American Maternity Agencies have translators on staff to make you comfortable during your surrogacy travel. They will help you connect with your surrogate, in the event you want to keep communication during her pregnancy.

Due to their years of expertise, USA surrogacy agencies know precisely which services you need, and they will ensure you receive them, regardless of where you’re located.

#6. The highest success rate with the best IVF Clinics

IVF Clinics in the United States are among the most developed quality and service-wise. We work with the best IVF Clinic in the USA.Approximately 85% of embryo transfers lead to a pregnancy when a donor egg is utilized. That’s is much higher than in most overseas clinics.

USA IVF Clinics are one of the best in the world with years of experience. The local surrogate mother USA is given adequate compensation with a world-class medical facility. What else any prospective parent can ask for?

The US legislation requires the fertility clinic to report the results of their IVF and embryo transfer processes.

The US Centres for Disease Control reports which IVF Clinics have the best success rate. Parents may review the success rates of different IVF clinics to help select the most reliable program.

In a nutshell, the advantage of surrogacy in the USA are:

  • Surrogacy in the United States is one of the most desired options due to Surrogate laws being favorable in many states.
  • The success rate of the IVF clinic is higher. The World Health Organization ranks of US #92 for the incidence of Low Birth Weight deliveries and #48 in infant mortality rates.
  • The rights of all parties-Intended Parents and surrogates are well protected.
  • A baby born to US surrogate mother gains US citizenship by birth and is eligible for a US passport and other benefits.
  • The name of the Commissioning Parents comes in the baby’s birth certificate
  • Gay Men surrogacy or same-sex surrogacy is allowed. Names of both parents come on the baby’s birth certificate.

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Is surrogacy in the United States Legal?

The USA accepts and celebrates commercial surrogacy and altruistic surrogacy with profound legal laws that benefit both intended parents as well as surrogate mothers.

While many states in America are still against commercial surrogacy, most states are relatively surrogacy friendly and allow gestational surrogacy for heterosexual and married couples.

Surrogacy in California is popular for gay couples.

Surrogacy-friendly states in the US ensure straightforward measures to provide prospective parents with legal parentage.

The expert from the law:

The judgment or order [regarding the legal parents of a child] shall establish the parent-child relationship of the intended parent(s) identified in the surrogacy agreement. It shall also establish that the surrogate, her spouse, or partner is not a parent, and has no parental rights or duties concerning, the child or children.

California jurisdictions are accepting Surrogacy agreements. While the state has no statute openly addressing Surrogacy, California’s courts have used the stated Uniform Parentage Act to interpret several cases concerning Surrogacy agreements. These agreements include lesbian, gay, bisexual, and transgender (LGBT) individuals and couples.

If you have a valid surrogacy agreement with the name of Intended Parents as the parent of a surrogacy child, you will be the legal parent of the child, even if you are not genetically related to the child.

That means you are still the legal parent of the child, even if you use an egg donor or sperm donor, or both if your name is present in the surrogacy agreement as an Intended parent of the baby.

Legal policies for Surrogacy united states.

Surrogacy in the United States is not regulated at the federal level. The surrogacy laws vary individually state-wise. Few of the states are known as surrogate-friendly, meaning the surrogacy agreement is legally viable between the intended parents and the surrogate mother.

It is good to know which state is “surrogate friendly” and support you with the correct legal framework and then start your surrogacy journey there.

There are three types of court proceedings in a surrogate-friendly state, which protect your right to have a baby via a surrogate mother.

The Surrogacy agreement:

It is one of the most essential parts of any surrogacy arrangement. Under this, a mutual contract between the prospective intended parents and surrogate mother. A surrogacy agreement is outlined by an experienced reproductive lawyer and consist of duties and obligation for both parties. It also includes the financial detail of the surrogacy program.

The Pre-Birth Order:

This is also known as the “Declaration of Parentage.” That is a court order which is applicable in the 3rd trimester of surrogate pregnancy. It states that the hospital should have the name of the intended parents on the baby’s birth certificate. Any state that supports Pre-order will put the name of the Intended parents on the baby’s birth certificate.

The Post-Birth Order:

For the USA States that do not support pre-birth order, post-birth order is a good alternative. In the post-birth order, the legal parentage of the baby is determined. It is only issued after the baby delivery so there is a chance that the surrogate mother can contest the right of the baby after the baby delivery. So, having the pre-birth order has an advantage over the post-birth order.

The surrogacy laws in the united states are much more organized than in European counties. USA Surrogate laws by state are as below.

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Which U.S. States are Surrogacy-Friendly?

The USA States, where surrogacy is legal, are:


Local state law has declared surrogacy agreements valid in Arkansas. A 2017 court ruling makes the law applicable to both heterosexual and same-sex married couples. Same-sex couples need to be married to do surrogacy in Arkansas.


Undoubtedly, California is a favorable surrogacy location in the USA. There are numerous court cases to support surrogacy agreements and pre-birth orders. Same-Sex surrogacy is allowed. Also, surrogacy cost USA is much higher in this State.


There are laws supporting surrogacy agreements and pre-birth orders.

District of Columbia:

Commercial surrogacy agreements are valid till now. The law defines parentage as per the terms of the ART process.


State law supports the Surrogacy Agreement and pre-birth order. It is only possible if at least one parent is genetically related to the baby. There is no clear law helping same-sex couples.


As of 2018 pre-birth orders are supported by State.


It is a much more favorable surrogacy state. There are clear laws supporting surrogacy agreements and pre-birth orders.

New Hampshire:

Surrogacy agreements are enforceable and pre-birth orders are supported. For this, the Intended Parents and the Surrogate adhere to specific guidelines.

U.S. states that are somewhat surrogacy friendly:


Only married couples are supported by pre-birth orders.


The state Supreme Court has forcible pre-birth orders. However, as such, there is no specific legal support for surrogacy arrangements.


Gestational surrogacy agreements are allowed for legally married couples only after the baby is born.


Gestational surrogacy is supported in Maryland. However, pre-birth order is issued only three days after childbirth. If the Intended Mother is not the egg donor, then she must appeal for a co-parent adoption to become the legal mother.


There are no clear gestational surrogacy laws. There is court support for post-birth orders to establish parental rights.


The surrogacy agreement can be enforceable, but the same is not the case with pre-birth orders.


The State defines and supports surrogacy agreements if the Intended Parents are genetically related to the baby.


Gestational surrogacy agreements in Texas are approved for legally married, heterosexual couples.


Gestational surrogacy agreements are allowed with many complicated restrictions. Post-birth orders are issued instead.


Commercial surrogacy agreements are prohibited under the law, but altruistic surrogacy is supported.

West Virginia:

Pre-birth orders are supported, but only between lawfully married heterosexual couples.

U.S. states that are NOT surrogacy friendly


The local laws do not support surrogacy agreements. The surrogate is the legitimate mother by statute.


There are no supportive laws, and pre-birth orders are not issued


There are no supportive rules. However, pre-birth orders can only be issued if the couple uses their egg and sperm for the IVF cycle.


Surrogacy arrangements are “void and unenforceable” by law.


The gestational surrogacy agreement is only allowed legally restricted to only married heterosexual couples using their egg and sperm.


Commercial surrogacy agreements are prohibited. Anyone who does participate in commercial arrangements may face criminal penalties.


Commercial surrogacy agreements are prevented by law. For altruistic surrogacy, there are no clear laws.

New York:

Surrogacy arrangements are illegal and carry a fine of up to $10,000. There has been much positive support for surrogacy in NY, and in the future time, it might be possible for the resident of New York to participate in surrogate procedures.


There are no gestational surrogacy laws. Courts do not approve pre-birth orders, but post-birth orders may be issued.


Gestational surrogacy agreements are allowed only between legally married, heterosexual couples. That is possible if a court review validates the Agreement after the birth.


There are no surrogacy-related laws. Courts do not approve pre-birth orders, but post-birth orders may be issued.


Courts may support pre-birth orders. The post-birth orders are always required following the birth to confirm legal parentage.

U.S. states that have no surrogacy legislation


As it is there are no surrogacy laws, but courts have been generally supportive. No clear support for pre-birth orders.


There are no surrogacy laws, but courts have been generally supportive.


There are no laws, but courts have been generally supportive.


There are no surrogacy laws.


No surrogacy laws, but courts have been generally supportive. Pre-birth orders may be awarded on a case-by-case basis.


No surrogacy laws, but courts have been generally supportive. Pre-birth orders may be given to married couples.


No laws, but courts have been generally supportive of pre-birth orders.


No surrogacy laws, but courts have been generally supportive.


No surrogacy laws, but courts have been generally supportive.


No surrogacy laws, but courts have been generally supportive. Pre-birth orders may be awarded on a case basis.


No surrogacy laws, and very few legal precedents.

New Mexico:

No surrogacy laws, but courts have been generally supportive. Pre-birth orders may be granted on a case basis.

North Carolina:

No surrogacy laws, but courts have been generally supportive. Pre-birth orders may be granted on a case basis.


No laws of surrogacy, but courts have been generally supportive. Pre-birth orders may be granted.

Rhode Island:

No laws of surrogacy, but courts have been generally supportive.

South Carolina:

No laws of surrogacy, but courts have been generally supportive.

South Dakota:

No laws of surrogacy, but courts have been generally supportive.


No surrogacy laws, and very few legal precedents.

Surrogacy in USA- Best Agencies, fee, cost effective service and Law (6)


We have spent considerable time developing a simple yet affordable surrogacy program with our local surrogate agency in the USA and will help you choose a state that supports surrogacy legally, and that’s why we stand out as the best surrogacy center in USA for intended parents.

Our unique, all-inclusive, surrogacy package comes with a guaranteed successful outcome. We have tried to include almost all related fees like legal contracts, escrow account management, medical procedure, egg donation and surrogacy fee, antenatal care, and baby delivery.

The full-service surrogacy program is managed by our local partner based in LA, California. Our local team personally takes care of the surrogate recruitment process, medical evaluation of the surrogate mother, and phycological counseling of the surrogate mother so that you have a hassle-free experience.

For those intended parents, who are unable to afford the highest surrogacy cost in USA, a more affordable option is available with Surrogacy in Mexico, where the overall cost is less than 70% than surrogacy in USA cost. So, we can offer a more affordable version of surrogacy in Mexico with just 3 hours flight distance from LAX.

The assured or guaranteed baby plan with IVF egg donor and surrogacy is for 67,000 USD and all intended parents, singles, same-sex, married, or unmarried couples are welcome.

With a new Supreme Court decision in 2021, surrogacy in Mexico is now one of the best options globally for singles and couples of all sexual orientations seeking to have a family through an affordable and legal surrogacy arrangement. For a hassle-free journey, choose the best surrogacy clinic in USA which provide secure and legal surrogacy programs.

For those intended parents, who are unable to bear the high cost of surrogacy in USA, we can safely offer them surrogacy in Eastern European countries like Ukraine,Russia, andGeorgia.Surrogacy in UkraineandSurrogacy in Georgia, offer much more affordable yet legal surrogacy options to those would-be parents who are not fortunate to spend tons of money in the USA.

Are you ready to start the surrogacy process? Do you want to learn more about growing your family via surrogacy in the USA? We are here to help! Get in touch now to have a free consultation/Information about surrogacy in the USA.

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