U.S. Gestational Surrogacy: Laws, Costs and Process

Gestational surrogacy in the United States is governed primarily by state law, not one nationwide process. States differ on enforceability, compensation, parentage, residency, marital status and legal procedure, so a fixed list of “legal states” cannot replace advice about the states connected to a specific arrangement. New York’s Child-Parent Security Act took effect on February 15, 2021 and regulates qualifying gestational-surrogacy arrangements. Michigan’s 2024 Family Protection Act took effect on April 2, 2025, repealed the former criminal prohibition on surrogacy contracts and established a new protective framework. Laws and procedures can change, so independent counsel in each relevant state should verify current requirements before an arrangement begins. A typical process may involve medical and psychological screening of the gestational carrier, separate legal counsel, an agreement, embryo transfer, obstetric care and parentage documentation. The full budget may also include IVF care, insurance review, escrow, travel and contingencies. This page is general information, not medical or legal advice.