How to apply to become a surrogate mother in the United States?
1、 Legal Framework: A Diverse Environment Led by State Law
The surrogacy laws in the United States are independently formulated by each state, and there is no unified legislation at the federal level, forming three major legal environments:
States that fully allow commercial surrogacy (such as California and Nevada)
Legal protection: Clarify the legality of surrogacy agreements and allow for paid surrogacy. For example, the California Surrogacy Agreement Act stipulates that the principal may be a heterosexual/homosexual partner or a single person, and custody can be confirmed before birth.
Operation process: The surrogacy agreement needs to be reviewed by a lawyer, and the funds will be deposited into a trust account managed by the lawyer and paid to the surrogate mother in stages.
Limited allowed states (such as Texas, Virginia)
Special restrictions: Court approval of surrogacy contracts is required (such as in Texas), or paid surrogacy is prohibited but reasonable compensation is allowed (such as in Washington state).
Legal procedures: The client needs to submit documents to the court in advance, and additional legal procedures are required to confirm custody after the child is born.
States that prohibit commercial surrogacy (such as Louisiana and Michigan)
Criminal risk: Louisiana considers commercial surrogacy a crime, while New York State will completely ban it by 2021 and remain strictly regulated even after legalization in 2025.
Historical controversy: Despite legalization in New York State in 2023, strict medical and psychological assessments are still required.
2、 Application process: from institutional screening to legal confirmation
Choose a state and surrogacy agency
Prioritize choosing legal friendly states such as California (with sound laws and mature industry chain) and Nevada (allowing commercial surrogacy).
Contact professional institutions, such as California institutions, to provide full process services from matching to legal support.
Preliminary screening and application
Basic conditions:
Age: 21-40 years old (some institutions require 21-35 years old).
Nationality/Residency: Must be a US citizen or green card holder.
Birth history: At least one successful childbirth without any pregnancy complications.
Health requirements:
Physical indicators: BMI ≤ 30, no chronic disease (such as diabetes, heart disease) or genetic disease (such as Rh sensitization).
Lifestyle habits: Smoking, alcohol abuse, and the use of prohibited drugs are prohibited, and drug testing is required.
Psychological assessment: Screening by a psychiatrist to exclude serious psychological disorders such as depression and anxiety.
Economic and Social Background:
Economic independence: It is necessary to prove that surrogacy compensation is not the main source of income.
Family support: Spouses or family members need to sign a consent form.
Legal compliance: No criminal record and willing to cooperate with all legal procedures.
Legal procedures
Contract signing: Sign a detailed surrogacy agreement with the assistance of a lawyer, specifying terms such as fees, guardianship, medical responsibilities, etc.
Court pre-approval: Some states (such as Texas) require the court to pre approve contracts to ensure legality.
Trust account: The client's funds are deposited into a trust account managed by a lawyer and paid to the surrogate mother in stages (such as paying the first installment after embryo transfer and the final installment after delivery).
Medical process
Matching and embryo transfer: The institution coordinates the medical matching between the surrogate mother and the commissioning party for embryo transfer.
Pregnancy management: Regular prenatal check ups, surrogate mothers purchase insurance to cover prenatal check ups and production costs (if required by California law).
Birth and Transfer of Guardianship
Birth certificate: After the child is born, the commissioning party directly lists them as parents without the need for additional adoption procedures (such as in California).
Legal confirmation: Some states require court orders to confirm custody and ensure the nationality of children.
3、 Screening criteria: How institutions evaluate surrogate mothers
Strict background check
Pregnancy history: Institutions investigate the pregnancy history of surrogate mothers to exclude high-risk pregnancies (such as premature birth and preeclampsia).
Economic situation: Ensure that surrogacy compensation is not the main source of income and avoid economic coercion.
Educational background: Some institutions require a high school diploma or above to ensure understanding of the agreement content.
Bidirectional selection mechanism
Rights of surrogate mothers: They have the right to refuse the commissioning party based on ethical considerations such as gender selection and the commissioning party's family background.
Case: A surrogate mother once refused a request to have a boy because the client already had three daughters.
4、 Cost and Time Cost
Total cost
Scope: 130000 to 200000 US dollars, including:
Medical expenses: IVF treatment, prenatal check ups, and delivery costs (approximately $50000 to $80000).
Compensation for surrogate mothers: Basic compensation of 25000 US dollars, additional payment of 7000 US dollars per child for twins.
Legal and intermediary fees: Lawyer fees of $13000, intermediary fees of $17000 to $20000.
Insurance and contingency funds: covering unexpected situations (such as pregnancy termination).
Time cycle
Total duration: approximately 15 months, including:
Matching and legal procedures: 3-6 months.
Embryo transfer and pregnancy: 9 months.
Delivery and follow-up procedures: 1-2 months.
5、 Ethical and Risk Considerations
Legal risks
State legal differences: Cross state operations may lead to custody disputes and require professional lawyers to mitigate risks.
Case: After legalization in New York State in 2023, strict medical and psychological assessments are still required.
Ethical controversies
Rights of surrogate mothers: Some state laws require surrogate mothers to purchase insurance to protect their health and economic rights.
Child identity: Surrogacy children may face ethical dilemmas regarding who is the mother, and it is necessary to clarify the parent-child relationship through legal means.
6、 Conclusion: Transparent process but requires professional support
Applying to become a surrogate mother in the United States requires strict legal, health, and ethical standards, and the process involves multi state legal coordination and professional agency support. Despite the high cost and long cycle, the comprehensive legal protection and mature industry chain make it the preferred destination for surrogacy worldwide.
