📅 2026 Update: Changes in Surrogacy Laws and Practices

Since the original article was published, there have been important updates regarding surrogacy laws in the U.S. Several states have enacted new legislation that affects surrogacy agreements and eligibility requirements. These changes may impact individuals and families considering surrogacy as an option.

The earlier article continues further down the page, providing foundational information on child custody, child support, and parental rights.

🏛️ Michigan's Surrogacy Law Overhaul

Effective April 2, 2025, Michigan repealed its previous prohibition on surrogate parentage agreements. This change introduced the Assisted Reproduction and Surrogacy Parentage Act.

  • 🔍 Key Features: The new law allows compensated gestational surrogacy. It also mandates that surrogacy agreements be notarized before any medical procedures occur.

🌟 Massachusetts Enacts Surrogacy Legislation

Massachusetts implemented new surrogacy laws that took effect on January 1, 2025.

  • 📝 Requirements: Surrogacy agreements in Massachusetts must involve individuals who are at least 21 years old. Surrogates must have prior childbirth experience and undergo medical and mental health evaluations.

📜 Amendments to New York's Surrogacy Agreements

In 2025, New York proposed amendments to existing laws surrounding surrogacy agreements.

  • 📑 Clarifications: These amendments aim to clarify definitions and requirements for both intended parents and surrogates, ensuring a more structured process.

💵 Current Surrogacy Costs

As of 2026, the total cost of a surrogacy journey in the U.S. ranges from $140,000 to over $180,000. This figure includes compensation for the surrogate, medical procedures, legal fees, and insurance.

📌 Key Points Summary

  • 🔄 Michigan and Massachusetts have new surrogacy laws in place.
  • 📅 New York is working on clarifications to its surrogacy agreements.
  • 💰 Surrogacy costs in the U.S. have significant financial implications.
  • 📜 Requirements for surrogates now include medical and mental health evaluations in multiple states.

💡 Tips for Understanding Surrogacy Laws

Review the details of your individual situation with your attorney.

📝 Understand State Laws

Surrogacy laws vary widely by state. Be sure to check the specific regulations in your state to understand what is permitted and the requirements involved.

👩‍⚕️ Surrogate Eligibility Requirements

Requirements for surrogates often include being at least 21 years old and having previously given birth. Make sure to meet these criteria if you are considering becoming a surrogate.

💼 Notarization of Agreements

In states like Michigan, surrogacy agreements must be notarized before any medical procedures begin. Understand the importance of this step in the surrogacy process.

💡 Evaluate Total Costs

Be prepared for the total expenses of surrogacy, which can range from $140,000 to over $180,000 in the U.S. This includes all associated costs, not just the surrogate's compensation.

🧠 Mental Health Evaluations

Both surrogates and intended parents may need to complete mental health evaluations. This requirement aims to ensure that all parties are prepared for the emotional aspects of surrogacy.

🏛️ Research Free Resources

Explore nonprofit and government resources for information on surrogacy. These can provide guidance and support without the financial burden of hiring a private service.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in the area of surrogacy has met the review threshold, so this section lists free government and nonprofit resources available to assist individuals and families.

🥇 1. UCLA Law's Shield Laws Guide

The UCLA School of Law offers a comprehensive guide on shield laws for reproductive and gender-affirming health care. This resource can help individuals seeking information on surrogacy and related health care rights.

🥈 2. State Health Departments

Many state health departments provide resources and information about surrogacy laws. They can help clarify the legal landscape in your specific state.

🥉 3. Local Family Services Agencies

Local family services agencies often provide support for families considering surrogacy. They can connect you with resources and information tailored to your situation.

4️⃣ Nonprofit Organizations Focused on Family Law

Nonprofit organizations that specialize in family law can offer guidance on surrogacy agreements and parental rights. They often provide educational resources and legal assistance.

5️⃣ Community Support Groups

Community support groups can connect individuals and families interested in surrogacy. They often share experiences and resources that can be invaluable in navigating the surrogacy process.

🔎 What to Check Before Paying for Help

  • 🔍 Verify credentials of any service provider.
  • 💰 Understand all fees upfront.
  • 📜 Ensure clear communication about services.
  • 🏛️ Confirm provider knowledge of state laws.

❓ Frequently Asked Questions

❓ What is gestational surrogacy?

Gestational surrogacy involves a surrogate carrying a child created from the egg and sperm of the intended parents or donors. It differs from traditional surrogacy, where the surrogate is also the biological mother.

🤔 Are there age restrictions for intended parents?

In states like Massachusetts, intended parents must be at least 21 years old to enter into a surrogacy agreement.

📅 How does notarization work in surrogacy agreements?

In Michigan, surrogacy agreements must be notarized before any medical procedures begin. This legally binds the agreement and ensures that all parties understand their rights and responsibilities.

🏥 What evaluations do surrogates undergo?

Surrogates are typically required to complete medical and mental health evaluations. These evaluations help ensure that they are physically and emotionally prepared for the surrogacy process.

📊 How much does surrogacy cost in the U.S.?

As of 2026, the total cost for a surrogacy journey in the U.S. typically ranges from $140,000 to over $180,000, covering surrogate compensation, legal fees, and medical expenses.

⚖️ What rights do surrogate parents have in education?

Under federal law, public agencies must assign a surrogate parent to protect a child's rights in education if no parent can be identified or located.

⚖️ Recent Cases Related to Surrogacy

Recent court rulings have focused on the complexities surrounding surrogacy agreements and parental rights. These cases often highlight the evolving nature of surrogacy laws in different jurisdictions.

For more recent rulings, you can browse more rulings on the news page.

End of October 2026 Update





When a surrogate mother gives birth in the Ukraine, she has no legal rights regarding the child. In fact, the intended parents have custody immediately. When intended parents decide to use a surrogate mother in the Ukraine, they should contact a surrogacy center.

The surrogacy center will help individuals navigate the surrogacy process in the Ukraine. While the process is generally quite simple, intended parents must also think about the laws in the United States and how they can affect the outcome. For instance, a surrogacy center will help them with the birth certificate and citizenship.

When intended parents decide that international surrogacy is the best option for them, they should contact several surrogacy centers before choosing one. If intended parents decide that the Ukraine is the best location for them, they still have many things to consider. 

Russia Ukraine

First, intended parents will want to consider the cost of trips to the Ukraine. Airline tickets can be rather expensive. In fact, the added cost may eliminate any savings the intended parents were hoping for by utilizing international surrogacy.

However, the cost of surrogacy in the Unites States can be very high and intended parents may still find a financial benefit when utilizing international surrogacy.