Surrogacy in the United States

United States Program

The gold standard for surrogacy worldwide.

The United States has long been considered one of the safest, most established, and best-structured destinations for surrogacy internationally. Surrogacy is legally recognized and well established in many U.S. states, with clear processes designed to protect intended parents, surrogates, and the children born through surrogacy.

While laws and requirements vary from state to state, and certain jurisdictions may have specific limitations depending on factors such as family structure or marital status, the United States offers surrogacy pathways for a very broad range of intended parents, including international families, single parents, and same-sex couples.

One of the greatest advantages of pursuing surrogacy in the United States is its transparency and highly developed professional infrastructure. Intended parents have access to experienced fertility clinics, carefully screened surrogates, specialized reproductive attorneys, established escrow and insurance providers, and professional surrogacy agencies operating within a mature industry.

For families seeking the highest degree of legal security, transparency, choice, and professional oversight, the United States remains one of the most attractive surrogacy destinations in the world.

The principal consideration is cost. Surrogacy in the United States is generally the most expensive option, driven in significant part by the high cost of medical care, as well as surrogate compensation, insurance, professional services, and other expenses associated with the journey.

For families with the financial means to pursue it, however, the United States offers an exceptionally established and comprehensive pathway to parenthood.

Phase 01
Embryo Creation & Egg Donor Selection
Phase 02
Surrogate Search & Matching
Phase
01

Embryo Creation & Egg Donor Selection

The first phase of the journey is embryo creation and, when required, egg donor selection.

The United States offers one of the widest selections of fertility providers and egg donor options in the world. There are hundreds of fertility clinics across the country, many of which have extensive experience in IVF and third-party reproduction.

Choosing the right clinic is particularly important for international intended parents. Beyond medical expertise and success rates, we believe it is essential to work with a clinic that understands the complexities of surrogacy journeys, communicates efficiently, provides clear and consistent updates, and is experienced in coordinating with the many other professionals involved in the process.

Some U.S. fertility clinics maintain their own in-house egg donor pools, which can simplify the process and potentially reduce the cost of finding a donor through an independent agency. However, these pools are generally more limited. Intended parents with very specific preferences or criteria may benefit from working with an independent egg donor agency, providing access to a much broader selection of potential donors.

One of the greatest advantages of egg donation in the United States is the level of choice and information available to intended parents. Depending on the donor program, profiles can include childhood and adult photographs, extensive personal and family medical histories, genetic screening, education, interests, personality information, previous donation history and outcomes, and, in some cases, videos or other personal information that can provide a better sense of who the donor is.

The United States also provides considerable flexibility regarding the type of relationship families may wish to have with their donor. Depending on the donor and program selected, arrangements can range from anonymous or non-identified donations to semi-open and fully open donations, including the possibility of meeting or communicating with the donor.

For intended parents who place a high value on choice, transparency, flexibility, and access to information, the United States offers one of the most comprehensive environments for IVF and egg donation, although generally at a considerably higher cost than other international options.

Phase
02

Surrogate Search & Matching

Once embryos have been created, the second phase of the journey is identifying the right surrogate and selecting the surrogacy agency that will support the match and pregnancy.

The United States has an exceptionally large and diverse surrogacy market, with over 600 agencies operating across the country. For international intended parents in particular, navigating such a large number of options can quickly become overwhelming.

Not every agency is highly visible online or internationally recognized. Many are smaller boutique agencies that intentionally manage a limited number of journeys each year. Some of these providers can offer excellent personalized service, experienced teams, competitive fees, and access to strong surrogate candidates despite having a much smaller public presence.

Agency fees, surrogate compensation, waiting times, geographic coverage, screening procedures, and levels of service can also vary considerably. For this reason, choosing the right agency can have a significant impact on both the experience and the overall cost of a U.S. surrogacy journey.

At HeraKin, we do not believe that the largest or most expensive agency is necessarily the best choice for every family. Drawing on our extensive network and years of experience in the U.S. surrogacy industry, we help our clients compare options and identify professional, reliable agencies that fit their individual needs, expectations, and budget.

Although surrogacy in the United States requires a significant financial commitment and there is a realistic minimum budget below which a journey may not be feasible, there is still room to make thoughtful financial decisions without compromising on essential standards of care, ethics, or professionalism.

We can also assist in identifying surrogate candidates whose compensation, location, experience, personality, and other characteristics align with our clients' criteria.

The objective is not simply to find a surrogate or an agency. It is to find the right combination of professionals, candidate, budget, and circumstances for each individual journey.

Important Legal Considerations

Legal Framework

The United States offers one of the most established and well-structured legal frameworks for surrogacy in the world. Surrogacy law is regulated at the state level, meaning that the applicable legal requirements and parentage procedures will depend largely on the state connected to each individual journey.

At HeraKin, we work with an extensive network of experienced reproductive law attorneys across the United States, allowing us to connect our clients with qualified legal counsel familiar with the laws and requirements applicable to their specific circumstances.

Once a surrogate has been selected, we coordinate with the appropriate attorneys to ensure that the surrogacy agreement is drafted in accordance with the relevant state law and that the necessary parentage procedures are completed to establish the intended parents as the legal parents of the child.

For international intended parents, we also believe that U.S. legal planning should be considered alongside the requirements of their home country, particularly in relation to recognition of parentage, citizenship, passports, and the documentation required to return home with their baby.

This combination of established legal processes and access to highly specialized reproductive attorneys is one of the reasons the United States continues to provide such a high level of legal certainty and protection for intended parents pursuing surrogacy.

Legal Parentage and Birth Certificate

One of the significant advantages of pursuing surrogacy in the United States is the ability, in many circumstances, to have both intended parents legally recognized as the parents of the child, regardless of which parent has a genetic connection to the baby.

Depending on the state where the surrogacy takes place and the individual circumstances of the intended parents, it may also be possible to obtain a pre-birth parentage order, establishing legal parentage before the baby is born. This allows the intended parents to be recognized as the child’s legal parents from birth and facilitates the issuance of the birth certificate in their names.

The specific procedure varies by state, which is why working with an experienced reproductive attorney familiar with the applicable state law is an essential part of every U.S. surrogacy journey.

For international intended parents in particular, this well-established pathway to legal parentage is one of the key reasons the United States remains such an attractive option for surrogacy.

Learn More About the USA ↗