How much surrogacy compensation can a surrogate mother receive in the United States?
1、 Legal Framework and Compensation Basis
Legal differences among states
States that allow commercial surrogacy (such as California, Texas, Illinois):
California: No clear surrogacy legislation, relying on court precedents, surrogacy contracts are legal and the parent-child relationship is clear. The basic compensation is usually between 40000 and 55000, and experienced individuals can reach up to 50000 and 55000.
Texas: In 2003, legislation recognized "pregnancy surrogacy", requiring the principal to meet conditions such as infertility, and compensation includes medical expenses and a basic fee of 35000 to 45000.
Illinois: The law specifies the validity of surrogacy agreements, with compensation standards similar to California, but with lower demand.
States that restrict or prohibit surrogacy (such as New York and Michigan):
New York State: Commercial surrogacy will be banned before 2021, but will be relaxed with strict regulation, and compensation may only cover medical expenses (20000-30000).
Michigan: Commercial surrogacy is completely prohibited, with violators facing 5 years in prison and a fine of $50000, and surrogate mothers only receive medical compensation.
At the federal level, there is no unified law, and each state legislates independently, resulting in significant differences in compensation standards.
Compensation composition
• Basic compensation:
First surrogacy: 35000-45000 (such as an average of $40000 in California).
Experienced individuals: 48000-55000 (e.g. ConceiveAbilities agency starts at $72000 for repeat surrogates, including additional fees).
• Additional fees:
Multiple pregnancies: 5000-10000 (due to increased risk).
Caesarean section/complications: 2500-10000 (covering medical risks).
Living allowance: 200-400 per month, lasting for 10 months (totaling 2000-4000).
Other expenses such as insurance, legal fees, and travel expenses shall be borne by the principal and shall not be included in the direct income of the surrogate mother.
2、 Analysis of influencing factors
Experience and qualifications
• Fertility experience: Surrogacy mothers who have had natural childbirth experience receive higher compensation (such as those with experience in California starting at $45000).
Health and psychological assessment: Those who undergo strict screening (such as no criminal record, mental health testing) are more likely to receive high compensation.
Regional demand
High demand states (California, Texas, Massachusetts, etc.): Compensation starts at $40000, with high demand driving up prices.
Low demand states (such as Pennsylvania): Compensation may be as low as 30000 to 35000.
Legal risks
Legitimate state: The compensation is clear and relatively high, as the law protects the rights and interests of the principal and surrogate mother.
Prohibited states: Surrogacy mothers may only receive medical expenses without additional compensation and face legal risks.
3. Conclusion
The compensation for surrogate mothers in the United States varies significantly due to differences in state laws, institutional standards, and individual circumstances
Legal states for commercial surrogacy (such as California): Compensation typically ranges from 40000 to 55000, plus additional fees.
Prohibition or restriction states: Compensation may only cover medical expenses (20000-30000).
Key factors: The legal environment, experience and qualifications, regional needs, and ethical disputes jointly shape the compensation system, but are accompanied by significant risks and inequalities.
Suggestion: The client should carefully choose a legal state and consult a professional lawyer. The surrogate mother should fully assess the health and legal risks, and policy makers need to balance reproductive rights and women's rights protection.
