Surrogacy in the United States: Facts, Laws, and Challenges

he United States is one of the leading countries in infertility treatments, including surrogacy. Unlike many other countries, the U.S. has no federal law about surrogacy. Instead, each state sets its own policies—some fully support and regulate surrogacy, while others ban it completely or have no specific laws in place.

In addition, surrogacy comes with ethical, financial, and legal complexities—from detailed contracts between intended parents and surrogate mothers to citizenship issues for children born to foreign parents. These factors make surrogacy in the U.S. a multifaceted process that requires careful consideration.

In this article, we will explore the types of surrogacy available in the U.S., the differences in surrogacy laws by state, and the challenges that intended parents and surrogates may face.

Types of Surrogacy in the U.S.A

There are two main types of surrogacy in the United States, each with its own specific requirements:

Traditional Surrogacy

In traditional surrogacy, the surrogate’s own egg is fertilized with sperm from the intended father or a sperm donor. As a result, the child is genetically related to the surrogate mother. In these cases, custody arrangements need to be clearly defined in advance.

Gestational Surrogacy

is more common approach involves using eggs and sperm from the intended parents (or donors), with fertilization done via IVF. The resulting embryo is implanted into the surrogate’s uterus. Here, the surrogate has no genetic ties to the baby.

Surrogacy Laws in the U.S.A

You might be surprised to learn that US surrogacy laws differ widely by state. Some states fully support and regulate this infertility treatment, while others prohibit it altogether or have no specific laws on the matter.

States like California, Illinois, and New Jersey are surrogacy-friendly, offering legal support to intended parents, including same-sex couples and single individuals. Meanwhile, states like Michigan and Louisiana consider surrogacy contracts illegal. Many other states have ambiguous or undefined regulations, creating legal uncertainty for both surrogates and intended parents.



The Surrogacy Process in the U.S.A

To undergo the surrogacy process in the U.S., intended parents typically follow these steps:

·Selecting a Surrogacy Agency: Most intended parents begin by working with an agency to help them find a qualified surrogate mother and coordinate medical and legal support throughout the pregnancy process;

·Signing Legal Contracts: A detailed agreement is made covering terms like responsibilities, compensation, parental rights, medical decisions, and insurance;

·Performing Medical Procedures: IVF is used to create embryos, which are transferred to the surrogate’s uterus after successful fertilization;

·Pregnancy Monitoring: Surrogates receive regular physical, and emotional care to ensure a healthy pregnancy

·Establishing Legal Parenthood: Depending on state laws, intended parents may be recognized as the child’s legal parents either before or after birth.

The Cost of Surrogacy in the U.S.A

Compared to other countries, surrogacy is extremely expensive in the United States. The high price of US surrogacy has led many American couples to seek more affordable options abroad, including countries like Iran. Surrogacy expenses in the U.S. range from $70,000 to $150,000, typically including:

•Surrogate compensation;

•Medical costs (IVF, checkups, delivery, lab tests, etc.)

•Legal fees, e.g., for contracts;

•Agency service charges;

•Health insurance and counseling.

Challenges and Ethical Concerns of Surrogacy in the U.S.

Although surrogacy is fully legal and accepted in many states, the practice faces significant criticism. Opponents argue that surrogacy can exploit women, as many surrogates undertake pregnancies due to financial need. This raises ethical concerns about commodifying women’s bodies.

Others believe that commercializing pregnancy could diminish human dignity. Emotional complications are also a concern, as a surrogate may develop a strong bond with the child, making separation after birth emotionally difficult for both parties.



Is Iran a Better Option Than the U.S. for Surrogacy?

Unlike the U.S., which lacks a unified federal law, Iran has a defined legal, medical, and ethical framework for surrogacy. Many specialized clinics in Iran offer experienced doctors, transparent processes, and more affordable costs. For couples seeking legal certainty and a more affordable surrogacy process, Iran is not only a more economical choice but also a reassuring one.

Conclusion

The U.S. is one of the advanced countries in the field of infertility treatments including surrogacy. However. laws and costs of the treatment vary dramatically from state to state. Although advanced medical technology is available, surrogacy in the U.S. tends to be significantly more expensive than in many other countries.

FAQs

1.Is surrogacy legal in all 50 states?

No, surrogacy is completely illegal in some states.

2.Who gets custody of the child after birth?

Usually, the intended parents—depending on state law, this may be established before or after birth.

3.Can international couples pursue surrogacy in the U.S.A?

Yes, many foreign couples come to the U.S.A for its advanced medical services.

4.Can single individuals use surrogacy?

Yes, in most surrogacy-friendly states, both single men and women are eligible.