📅 2026 Update: Recent Changes in Surrogacy Laws

Since the original article was published, several significant changes have taken place regarding surrogacy laws in the U.S. New legislation in states like Michigan and Massachusetts has altered how surrogacy agreements are created and enforced. The details below summarize the most important updates that impact surrogacy and related parental rights.

🗺️ Michigan's New Surrogacy Law

On April 2, 2025, Michigan repealed its old laws against surrogate parentage. The new Assisted Reproduction and Surrogacy Parentage Act allows compensated gestational surrogacy. This law requires that all surrogacy agreements be notarized before any medical procedures can start. Surrogate eligibility includes being at least 21 years old and having previously given birth.

🗓️ Massachusetts Surrogacy Legislation

Massachusetts introduced its surrogacy law on January 1, 2025. This law mandates that surrogates and intended parents meet specific criteria, such as age and health evaluations. Surrogates must be at least 21 years old and have prior childbirth experience.

They must also undergo medical and mental health evaluations before entering into a surrogacy agreement.

🔍 New York's Proposed Amendments

In 2025, New York proposed amendments to the Family Court Act and General Business Law focused on surrogacy agreements. These changes aim to clarify the definitions and requirements for intended parents and surrogates. This effort reflects a growing trend to create clearer and more supportive legal frameworks for surrogacy.

💰 Current Surrogacy Costs

As of 2026, the total cost of a surrogacy journey in the U.S. typically ranges from $140,000 to over $180,000. These costs include surrogate compensation, medical procedures, legal fees, and insurance. Potential parents should plan for these expenses when considering surrogacy.

📌 Key Updates to Note

  • 🗺️ Michigan's surrogacy law now allows compensated gestational surrogacy.
  • 🗓️ Massachusetts requires specific criteria for surrogates and intended parents.
  • 🔍 New York is updating its definitions regarding surrogacy agreements.
  • 💰 Surrogacy costs in the U.S. range from $140,000 to over $180,000.

💡 Tips for Navigating Surrogacy Options

It is important to discuss your unique situation with an attorney. This will help ensure you understand your rights and obligations in the surrogacy process.

🤔 Understand Surrogacy Agreements

Before entering a surrogacy arrangement, ensure you understand what the agreement entails. In states like Michigan and Massachusetts, agreements must be notarized and meet specific legal requirements. Clarifying these details can prevent misunderstandings later.

📝 Check Surrogate Eligibility

Both Michigan and Massachusetts have strict eligibility criteria for surrogates. They must be at least 21 years old, have given birth before, and pass medical and mental health evaluations. Confirm that your surrogate meets these requirements.

🚦 Know Your Costs

Surrogacy can be expensive. Current costs range from $140,000 to over $180,000. Be prepared for expenses related to medical procedures, legal fees, and insurance.

Understanding these costs early can help with financial planning.

🧑‍⚕️ Consider Health Evaluations

Health evaluations are mandatory for both surrogates and intended parents in states like Massachusetts. These evaluations ensure that all parties are fit for the surrogacy process. Scheduling these assessments early can streamline the process.

📅 Stay Updated on Laws

Surrogacy laws can change frequently. Keep an eye on updates in your state, especially if you are considering surrogacy. Changes in legislation may impact your rights and responsibilities.

🏆 Free Options Ranked by User Reviews (2026)

No paid services have met the review requirements for this topic. Instead, this section highlights free government and nonprofit resources that can assist individuals navigating surrogacy laws.

🥇 1. UCLA Law's Shield Laws Guide

The UCLA School of Law offers a comprehensive guide on shield laws related to reproductive and gender-affirming health care. This guide provides valuable resources and support for individuals who might need help understanding surrogacy information. It is particularly useful for those looking for legal frameworks in their respective states.

🥈 2. State Health Departments

Many state health departments provide resources regarding family planning and reproductive health. These departments often have information on local surrogacy laws, eligibility requirements, and available services. They can guide intended parents and surrogates on the steps they need to take.

🥉 3. Nonprofit Organizations

Various nonprofit organizations focus on reproductive health and family building. These organizations may offer informational workshops, legal clinics, and support groups. They can help individuals understand surrogacy options and connect them with resources in their community.

4️⃣ Local Family Courts

Local family courts often provide information about surrogacy laws and processes. They can guide intended parents and surrogates on how to file necessary documents and navigate the legal landscape effectively. Visiting or contacting your local family court can be a helpful step in understanding your rights.

🔎 What to Check Before Paying for Help

  • 🏢 Verify the credentials of any organization you consider.
  • 💬 Read reviews from previous users about their experiences.
  • 📄 Ensure they provide clear information on services offered.
  • 🗓️ Check for any hidden fees or additional costs.

❓ Frequently Asked Questions

❓ What are the key requirements for surrogates in Michigan?

Surrogates in Michigan must be at least 21 years old, have given birth before, and complete both a medical evaluation and a mental health consultation as per the Assisted Reproduction and Surrogacy Parentage Act.

❓ How do Massachusetts laws differ from Michigan's regarding surrogacy?

Massachusetts law requires surrogates to have prior childbirth experience and mandates medical and mental health evaluations. Michigan's law also requires evaluations but has a different legal framework for surrogacy agreements.

❓ Are there any protections for surrogate parents in education?

Yes, under federal law, public agencies must assign a surrogate parent to protect the rights of a child when no parent can be identified, or the child is a ward of the state.

❓ What are the current costs associated with surrogacy?

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

❓ How can I find more information about surrogacy in my state?

You can check with your state's health department or local family court for resources and information on surrogacy laws specific to your state. Nonprofit organizations may also provide valuable insights.

❓ Is there any ongoing discussion about international surrogacy regulations?

Yes, there is currently no universal regulation for international commercial surrogacy. Discussions are ongoing about creating regulations to balance access to services with ethical considerations.

⚖️ Recent Cases in Surrogacy Law

Recent court rulings reflect ongoing discussions and legal interpretations related to surrogacy and parental rights. These cases often involve disputes over surrogacy agreements and the rights of intended parents.

You can browse more rulings on the news page.

End of October 2026 Update





Many states have no specific surrogacy laws.  For example, there is a famous case from California in which the courts decided that maternal rights could be determined in two ways. The court’s decision regarding Johnson v. Calvert stated that motherhood could be determined by biological relation and also by giving birth to the child.

In the case of gestational surrogacy, there can thus be two mothers. However, in this case, the courts sided with the intended mother because according to the surrogacy agreement, she was the one that intended the child be born so that she could raise it. There are many court cases and surrogacy laws that uphold the rights of intended parents.

While there are many famous cases that uphold surrogacy agreements, there have also been cases where surrogates won custody. 

Case Examples At A Glance