📅 2026 Update: Changes in Surrogacy Laws and Resources

Since the original article was written, important changes have taken place regarding surrogacy laws in the United States. New legislation has been passed in Michigan and Massachusetts, impacting the requirements for surrogates and intended parents. This update will cover those changes and what they mean for families considering surrogacy.

The earlier article continues further down the page.

🏛️ Michigan's Surrogacy Law Overhaul

On April 2, 2025, Michigan enacted the Assisted Reproduction and Surrogacy Parentage Act. This law repeals the previous prohibition on surrogate parentage agreements. It now allows compensated gestational surrogacy, but agreements must be notarized before any medical procedures can begin.

🌟 Massachusetts Enacts Surrogacy Legislation

Starting January 1, 2025, Massachusetts introduced new surrogacy laws under Mass. General Laws c.209C § 28A. This law requires that surrogates be at least 21 years old and have prior childbirth experience.

It also mandates medical and mental health evaluations for both surrogates and intended parents.

🚦 New York's Amendments to Surrogacy Agreements

In 2025, New York proposed amendments to clarify requirements for surrogacy agreements. These changes aim to define roles and responsibilities more clearly for both intended parents and surrogates, enhancing the legal framework surrounding surrogacy in the state.

💰 Current Surrogacy Costs

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

📌 Key Takeaways

  • Michigan's new surrogacy law took effect on April 2, 2025.
  • Massachusetts' surrogacy legislation is active since January 1, 2025.
  • Surrogates in both states must meet specific eligibility criteria.
  • Current surrogacy costs range from $140,000 to over $180,000.
  • New York is updating its surrogacy agreement requirements.

💡 Tips for Navigating Surrogacy Laws

Reviewing your specific circumstances with an attorney is essential for understanding surrogacy laws. They can help guide you through your options.

📋 Understand State Laws

Each state has different laws regarding surrogacy. Make sure to research the specific regulations in your state, as they can greatly affect your surrogacy journey.

📝 Prepare for Costs

Surrogacy can be expensive. Be ready for costs that can exceed $140,000. Budget for surrogate compensation, medical fees, legal costs, and insurance.

👩‍⚕️ Evaluate Surrogate Eligibility

In Michigan and Massachusetts, surrogates must be at least 21 years old and have prior childbirth experience. Ensure any potential surrogate meets these criteria before moving forward.

📅 Know the Requirements

Surrogacy agreements in Michigan and Massachusetts must be notarized and executed before medical procedures begin. Familiarize yourself with these legal requirements to avoid delays.

🔍 Seek Support Resources

Look for government and nonprofit organizations that provide guidance on surrogacy. They can offer valuable information and support throughout the process.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold, so this section lists free government and nonprofit resources available for those considering surrogacy.

🥇 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 provides valuable information for individuals exploring surrogacy.

🥈 2. State Health Departments

Many state health departments provide resources related to reproductive health and surrogacy. They can help you understand state-specific regulations and offer support services.

🥉 3. Local Family Law Clinics

Local family law clinics often provide free consultations and resources for individuals considering surrogacy. They can help clarify legal issues and connect you with additional support.

4️⃣ Community Support Groups

Many community organizations have support groups for individuals exploring surrogacy. These groups can offer emotional support and share experiences and resources.

🔎 What to Check Before Paying for Help

  • 🔍 Review the credentials of any organization.
  • 📄 Ensure they have clear policies and procedures.
  • 💬 Look for user reviews and testimonials.
  • ⚖️ Confirm they provide legal information, not legal representation.

❓ Frequently Asked Questions

❓ What is the process for becoming a surrogate?

The process typically involves meeting eligibility criteria, undergoing medical and psychological evaluations, and signing a surrogacy agreement. Laws vary by state.

🧑‍⚖️ How do surrogacy laws differ by state?

Surrogacy laws vary significantly across the U.S. Some states have strict regulations, while others may ban or void surrogacy contracts. Always check your state's specific laws.

🏥 What medical evaluations are required for surrogates?

Surrogates are usually required to undergo medical evaluations to ensure they are physically capable of carrying a pregnancy. This may include health screenings and assessments.

👨‍👩‍👦 Can intended parents be from different states?

Yes, intended parents can be from different states, but they must comply with the surrogacy laws of the state where the surrogate resides. Legal advice is recommended.

📅 How long does the surrogacy process take?

The surrogacy process can vary in length, but it typically takes several months to a year. Factors include matching with a surrogate and the legal process.

🏆 What rights do surrogates have?

Surrogates have specific rights outlined in the surrogacy agreement. These can include health care decisions and the right to receive compensation and support throughout the pregnancy.

⚖️ Recent Cases Related to Surrogacy

Recent court rulings reflect the evolving landscape of surrogacy laws in the U.S. These decisions often clarify the rights of surrogates and intended parents and set precedents for future cases.

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

End of October 2026 Update





Since state laws can vary on extreme levels, it is vital that intended parents allow for this when they research their surrogacy contract. For example, some states may require that a traditional surrogate mother be listed as the mother on a birth certificate. In this case, the intended parents would have to legally adopt the child.

Since surrogacy contracts are long and complicated, it is always a good idea to hire a law firm to write and review them. However, if intended parents feel that they would like to write their own surrogacy contract, it would be advantageous for them to at least have it reviewed by a surrogacy lawyer. Since the process is so complicated, surrogacy contracts must be clear and concise and cover any eventualities.

Intended parents will want to know what happens if the surrogate changes her mind. They will wonder if they would be required to cover any medical expenses if they were to lose custody of the child. In addition, they may want to ask if their are any circumstances that void the contract.

Important Questions to Ask

Surrogacy contracts must cover any possible circumstance that can interfere with the successful completion of a surrogate pregnancy. However, that is not an easy task. Intended parents will want to take many factors into account and can only do so once they have asked their lawyers to go over each possible eventuality.

While many intended parents wish to focus only on the possible positive outcome of surrogacy contracts, they must also think of the possible negative outcomes. Intended parents should be realistic in their expectations and should take those possibilities into account when discussing surrogacy contracts. Intended parents must also discuss any concerns with the surrogate mother in order to be sure that all parties are comfortable and willing to sign the contract.