📅 2026 Update: Changes in Surrogacy Laws and Practices

Since the original article was published, several significant changes have occurred in surrogacy laws across the United States. These updates reflect evolving regulations and practices that impact how surrogacy is approached in different states. This section highlights the most important changes since then.

The earlier article continues further down the page for more context.

📜 New Laws in Michigan

Michigan has made a notable change to its surrogacy laws. On April 2, 2025, it repealed its previous prohibition on surrogate parentage agreements. The new Assisted Reproduction and Surrogacy Parentage Act now allows compensated gestational surrogacy.

Surrogacy agreements must be notarized before any medical procedures can start.

📊 Massachusetts Surrogacy Legislation

Massachusetts introduced its own surrogacy law effective January 1, 2025. This law outlines requirements for surrogates and intended parents. Surrogates must be at least 21 years old and have prior childbirth experience.

They also need to undergo medical and mental health evaluations.

📅 Changes in New York

In 2025, New York proposed amendments to its Family Court Act and General Business Law regarding surrogacy agreements. These amendments aim to clarify definitions and requirements for both intended parents and surrogates. This change helps ensure that all parties understand their rights and responsibilities better.

💲 Current Costs of Surrogacy

As of 2026, the total cost of a surrogacy journey in the U.S. typically ranges from $140,000 to over $180,000. This cost includes surrogate compensation, medical procedures, legal fees, and insurance. Understanding these expenses is crucial for anyone considering surrogacy.

📌 Key Points to Remember

  • 📜 Michigan's new law allows compensated surrogacy with notarized agreements.
  • 📊 Massachusetts requires surrogates to be 21 years old and have prior childbirth experience.
  • 📅 New York is amending its laws to clarify surrogacy agreements.
  • 💲 The cost of surrogacy ranges from $140,000 to over $180,000 in 2026.

💡 Tips for Understanding Surrogacy Laws

Reviewing your individual situation with an attorney is essential for navigating surrogacy laws. Each case can have different implications based on state regulations.

📝 Know State Requirements

Understand the surrogacy laws in your state. Laws vary significantly across the U.S., with some states allowing and regulating surrogacy, while others may not. This knowledge is necessary for potential surrogates and intended parents.

📅 Keep Track of Legal Changes

Stay updated on any changes to surrogacy laws in your state. For example, recent updates in Michigan and Massachusetts could affect how you approach a surrogacy agreement. Legal landscapes can shift, making it important to stay informed.

👩‍⚕️ Health Evaluations Are Key

Both surrogates and intended parents may need to undergo medical and mental health evaluations. These evaluations are now required in states like Massachusetts and Michigan. Completing these assessments is a crucial part of the surrogacy process.

🖊️ Notarize Agreements

In states like Michigan, surrogacy agreements must be notarized before any medical procedures. Ensure that your agreement is properly executed to avoid legal issues later on. This step is essential for protecting all parties involved.

💲 Prepare for Costs

Be aware of the total costs associated with surrogacy. As of 2026, expenses can range from $140,000 to over $180,000. Planning for these financial commitments is necessary for intended parents and surrogates alike.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service has met review thresholds for this area, so this section lists free government and nonprofit resources relevant to surrogacy. These organizations can provide valuable assistance without costs.

🥇 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 guide can help individuals seeking information about surrogacy and related services. It serves as a resource for understanding legal protections available in various states.

🥈 2. State Health Departments

Many state health departments provide information about reproductive health and surrogacy. They can guide individuals through the legal requirements for surrogacy in their specific state. These resources often include FAQs and contact information for further assistance.

🥉 3. Local Family Law Clinics

Local family law clinics often offer free consultations and resources about surrogacy. These clinics can help individuals understand their rights and obligations under current laws. They can also assist with paperwork and legal processes related to surrogacy.

4️⃣ Nonprofit Advocacy Groups

Various nonprofit organizations advocate for reproductive rights and provide information on surrogacy laws. They may offer workshops, informational sessions, and resources tailored to surrogates and intended parents. These groups aim to support individuals navigating complex surrogacy issues.

🔎 What to Check Before Paying for Help

  • 🏢 Verify the credentials of any organization assisting with surrogacy.
  • 🗂️ Look for reviews from past clients to assess their experiences.
  • 📜 Ensure the organization is transparent about fees and services offered.
  • 🕵️‍♂️ Research if they provide resources specific to your state.

❓ Frequently Asked Questions

🤔 What is gestational surrogacy?

Gestational surrogacy involves a surrogate carrying a child that is not biologically hers. The embryo is created using the eggs and sperm from the intended parents or donors.

🏛️ Are surrogacy agreements enforceable in all states?

No, surrogacy agreements are not enforceable in all states. Some states may declare them void, while others regulate the process. It's important to know the laws in your specific state.

📋 What are the requirements for surrogates in Michigan?

In Michigan, surrogates must be at least 21 years old, have previously given birth, and complete medical and mental health evaluations as per the Assisted Reproduction and Surrogacy Parentage Act.

🏥 What medical evaluations are needed for surrogates?

Surrogates typically need to undergo comprehensive medical and mental health evaluations. These assessments help ensure the well-being of both the surrogate and the child.

📅 How often do surrogacy laws change?

Surrogacy laws can change frequently, often in response to legal rulings or shifts in public policy. Keeping abreast of these changes is crucial for anyone involved in surrogacy.

💰 What costs should intended parents expect?

Intended parents should expect total costs of surrogacy to range from $140,000 to over $180,000 in 2026. This includes surrogate compensation, legal fees, medical procedures, and insurance costs.

⚖️ Recent Court Cases Related to Surrogacy

Recent court rulings have addressed various aspects of surrogacy laws and practices, reflecting ongoing legal developments in this area.

You can browse more rulings on the news page for updates on recent cases and rulings related to surrogacy.

End of October 2026 Update





Surrogacy is the act of carrying a child for another couple. The laws that protect surrogates will vary in each jurisdiction and may be based on the type of surrogacy involved. 

For example, surrogate mothers that use a donor egg may have differing rights than a surrogate mother that allows her egg to be fertilized by donor sperm.  In most cases, those surrogate mothers are not biologically related to the child and, thus, have less rights than those who are.

However, in cases where a surrogate pregnancy may cause harm to the mother, the mother’s rights almost always outweigh the rights of the unborn child or of the intended parents. Medical decisions which may affect the surrogate mother’s health are almost always in the hands of the surrogate mother. 

Surrogacy Laws At A Glance