Surrogacy in the USA for international parents

Who US surrogacy suits, and who it does not

The USA suits parents who want strong, court-backed parentage, a compensated and well-screened surrogate, and a route open to gay couples and single men, and who can afford the highest prices. Since August 2026 it suits parents less well if neither is a US citizen, if budget is the main constraint, or if their nationality is targeted by state restrictions.

For many families from the UK, Europe, Australia, Asia and Latin America, the USA is the benchmark for surrogacy abroad: in the right state, a court confirms the intended parents as the legal parents, often before the birth.

It may be a good fit if you

• are a same-sex male couple or a single man and want a destination where your profile is clearly lawful (see our guides for gay couples and single intended fathers);
• place a high value on enforceable agreements, independent lawyers for both sides and a court parentage order;
• want a surrogate who is screened to professional guidelines and who has her own legal and psychological support;
• can commit to a budget well above US$150,000 and to two or more trips to the USA.

It may not be the right fit if you

• need an all-in budget under about US$100,000. Surrogacy in Mexico or Colombia usually costs much less, with more legal uncertainty;
• are a citizen or resident of China, Russia, Iran, North Korea, Cuba, Venezuela or Syria and planned to work with a Florida surrogate (see the legal section below);
• live in a country or state that penalises compensated surrogacy abroad, such as Italy, or New South Wales, Queensland and the ACT in Australia;
• would prefer an altruistic model. Canada is the nearest alternative, but waits are longer.

Is surrogacy legal in the USA? The state-by-state framework

There is no federal surrogacy law in the United States. Each state decides whether surrogacy agreements are enforceable, whether surrogates can be paid and how parentage is established. Most international programmes run in states with clear statutes, such as California, Washington and Illinois, and since April 2025, Michigan. A few states restrict or void agreements.

The state that matters is usually where the surrogate lives and gives birth, plus the law chosen in the agreement, not your home address. The overview below is simplified and is not legal advice.

For a wider view of where surrogacy is permitted, restricted or banned, see our surrogacy laws by country guide, and for what a well-drafted agreement covers, read our explainer on surrogacy contracts.

Birthright citizenship: where things stand in October 2026

The 14th Amendment makes a baby born in the United States a citizen, and the Supreme Court confirmed this for children of temporarily present parents on 30 June 2026. But an executive order signed on 6 August 2026 tells federal agencies not to issue US passports to surrogacy babies when neither parent is a US citizen. Courts are reviewing it.

Executive Order 14160, signed on 20 January 2025, would have denied citizenship to children born to parents who were "unlawfully or temporarily present". Lower courts blocked it, and in Trump v. Barbara (opens in new tab) (30 June 2026, 6–3) the Supreme Court held that such children are "subject to the jurisdiction" of the United States and are citizens by birth.

On 6 August 2026 the President signed Executive Order 14418, "Continuing to Protect the Meaning and Value of American Citizenship". According to legal analyses of the order, section 2(c)(ii) directs federal agencies not to issue or accept documents recognising US citizenship, such as passports and Social Security numbers, for a child born through a commercial surrogacy arrangement in the United States when neither intended parent is a US citizen. Holding a green card does not bring parents within the exception. The order does not ban surrogacy, and it does not affect state birth certificates or parentage orders.

Parents where at least one intended parent is a US citizen are not affected by the order. Our guide to citizenship, passports and parentage has the full picture by home country.

Citizenship has long-term consequences. A US citizen child has US tax filing obligations for life if income passes IRS thresholds (opens in new tab), wherever they live. Some countries, including China and India, do not generally allow their citizens to hold another nationality. Take home-country advice before the birth.

Step-by-step journey and timeline

Most international parents should plan for 15 to 30 months from first consultation to bringing the baby home. Matching with a surrogate often takes 3 to 12 months. Legal agreements, medical screening and embryo transfer take another 2 to 4 months. Pregnancy takes about nine months, followed by two to six weeks in the USA after the birth.

1. Home-country advice first. Before signing with any US provider, confirm with a lawyer at home how you will become the legal parent there, and whether anything about the arrangement is unlawful for you.
2. Choose a clinic and, if used, an agency. Create embryos at a US clinic, or ship existing embryos under clinic and FDA tissue rules. See how to choose an agency.
3. Match with a surrogate. She is screened medically and psychologically to ASRM standards, and you will usually meet by video before agreeing to proceed.
4. Sign the agreement. Each side has its own lawyer licensed in the relevant state. In California, nothing medical starts until the agreement is signed and notarized.
5. Embryo transfer and pregnancy. Single embryo transfer is strongly recommended. Your clinic confirms the pregnancy and hands care over to the surrogate's obstetrician.
6. Parentage order. In most friendly states your lawyer files in the second trimester for a pre-birth judgment naming you as the parents.
7. Birth and documents. You receive the birth certificate, apply in person for the baby's US passport, and complete any home-country steps.
8. Travel home and finalise. Some home countries require a further court order after you return, such as the UK parental order.

More detail: the international surrogacy process guide.

USA surrogacy cost for international parents

International parents should budget roughly US$170,000 to US$300,000 all in. Published US agency figures for 2026 put typical totals at about US$150,000–250,000 before international travel, and some all-in agency programmes cost around US$200,000 before IVF. Donor eggs, repeated transfers and newborn intensive care are the main reasons budgets go over.

What drives the range: the state, donor eggs, the number of transfers, the surrogate's insurance, and multiple or premature births. Ranges combine 2026 agency price lists (labelled as cost basis in our sources) with our own estimates; they are not quotes. Compare the USA with other countries in our international surrogacy cost guide, and see does insurance cover surrogacy? for how cover works.

Bringing your baby home from the USA

Until 2026 the first exit document was always a US passport, applied for in person on Form DS-11. Since Executive Order 14418, families where neither parent is a US citizen may need a passport or emergency travel document from their own country instead. Either way, home-country steps follow: a visa, a citizenship-by-descent application, or a court order after you return.

Where a US passport is issued, children under 16 must apply in person, and both legal parents named on the birth certificate must consent (Form DS-11; Form DS-3053 if one parent cannot attend). Check current passport processing times before you book flights. Home-country steps, in brief:

• United Kingdom. UK law treats the surrogate as the legal mother regardless of the US order. You normally need a parental order (opens in new tab), applied for within six months of the birth (courts have allowed late applications), with at least one applicant domiciled in the UK and genetically related. If the baby is not British by descent, GOV.UK guidance (opens in new tab) says to apply for entry clearance for the child. Do not rely on visa-free visitor entry.
• Australia. Citizenship by descent is available if a parent is Australian, and Home Affairs may offer DNA testing where other evidence of the parent–child relationship is insufficient. Residents of New South Wales, Queensland and the ACT can commit an offence by entering a commercial surrogacy arrangement overseas. The Australian Law Reform Commission delivered its surrogacy review to the Attorney-General in September 2026; it was not yet public when we checked.
• Canada. The child may also be Canadian by descent. Bill C-3, in force since 15 December 2025, lets parents born abroad pass on citizenship if they spent 1,095 days in Canada before the birth.
• European Union. Recognition varies widely. Italy's Law 169 of 2024 makes surrogacy a crime for Italian citizens even when it is carried out abroad. Other states may refuse to register a US birth certificate or parentage judgment.
• Asia and Latin America. Check whether your country recognises a foreign parentage judgment and whether it allows dual nationality.

The full country-by-country steps are in our baby citizenship and passport guide.

Risks and how to reduce them

The main risks in US surrogacy are legal mismatch with your home country, cost overruns from failed transfers or newborn intensive care, medical complications for the surrogate, and rule changes aimed at foreign parents. Most can be reduced through home-country legal advice, an escrow-held budget with a contingency, comprehensive insurance and the ASRM screening standards.

• Surrogate health. A 2024 Ontario population study found severe maternal morbidity in 7.8% of gestational-carrier births, against 2.3% after unassisted conception and 4.3% after IVF (Velez et al., Annals of Internal Medicine (opens in new tab)). Hypertensive disorders, postpartum haemorrhage and preterm birth were also more common. Ethical programmes plan obstetric care, pay for her insurance and fund postpartum support.
• Baby's health. Preterm birth is more common in surrogate pregnancies, especially with twins. A Utah study found more caesareans, preterm births and neonatal complications when ASRM guidelines were not followed (Swanson et al., Obstetrics & Gynecology (opens in new tab)). Single embryo transfer reduces this risk.
• NICU costs. International parents rarely have US health cover for the baby. Agree in advance who pays for newborn care, and price a policy or set aside a reserve.
• Legal change. Recheck state law when you sign, and keep funds in independent escrow.
• Home-country exposure. If your country penalises compensated surrogacy abroad, a US court order will not protect you at home.

Clinic, doctor and surrogate standards to look for

Look for an IVF clinic that reports its outcomes to national registries, follows the 2022 ASRM recommendations for gestational carriers, recommends single embryo transfer, and works with surrogates who meet the ASRM criteria. The surrogate should be 21 to 45, have had a previous uncomplicated term pregnancy, and have independent legal counsel.

Under the ASRM committee opinion (opens in new tab), a gestational carrier should ideally have had no more than five previous deliveries or three caesareans. She should have a medical work-up, infectious-disease testing, and a psychological evaluation by a qualified mental-health professional. A written agreement should be in place before treatment. Ask the clinic how often it departs from these criteria and why. Our doctor vetting standards set out the credentials to check. For background on the medical process, see gestational surrogacy explained.

Nearest alternatives to the USA

If the USA is out of budget or out of reach because of new restrictions, the closest alternatives are Canada, Mexico and Colombia. Canada offers similar legal security but only altruistic surrogacy and longer waits. Mexico and Colombia cost far less but are less tightly regulated, and court rulings or bills can change their legal position.

• Surrogacy in Canada: altruistic only, open to all profiles, strong parentage law in Ontario and BC.
• Surrogacy in Mexico: lower cost, with state-by-state law and Supreme Court rulings shaping access.
• Surrogacy in Colombia: lower cost, guided by Constitutional Court rulings rather than a statute.

Or compare all eight in the destination hub.