📅 2026 Update: Changes in Surrogacy Laws and Costs

Since the original article was written, several important changes have taken place in surrogacy laws across the United States. New legislation has been enacted in states like Michigan and Massachusetts, making significant alterations to how surrogacy agreements are handled. The earlier article continues further down the page and provides foundational information about the surrogacy process.

🏛️ Michigan's Surrogacy Law Overhaul

As of April 2, 2025, Michigan has replaced its previous prohibition on surrogate agreements with the Assisted Reproduction and Surrogacy Parentage Act. This new law allows compensated gestational surrogacy and mandates that all surrogacy agreements must be notarized before any medical procedures. This change provides clearer legal protections for surrogates and intended parents.

📜 Massachusetts Enacts Surrogacy Legislation

Effective January 1, 2025, Massachusetts has introduced specific requirements for surrogacy agreements under Mass. General Laws c.209C § 28A. The law requires that surrogates and intended parents be at least 21 years old.

Additionally, it mandates that surrogates have prior childbirth experience and undergo medical and mental health evaluations.

⚖️ New York's Surrogacy Agreement Amendments

In 2025, New York proposed amendments to its Family Court Act and General Business Law regarding surrogacy. These amendments aim to clarify the requirements and definitions for both intended parents and surrogates. This effort seeks to create more transparency and security in surrogacy arrangements.

💰 Current Surrogacy Expenses

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

📌 Key Points Summary

  • 🏛️ Michigan has a new surrogacy law allowing compensated agreements, effective April 2, 2025.
  • 📜 Massachusetts requires surrogacy agreements to meet specific age and evaluation standards, starting January 1, 2025.
  • ⚖️ New York is updating its laws to clarify surrogacy requirements.
  • 💰 Surrogacy costs range from $140,000 to over $180,000 in 2026.

💡 Tips for Navigating Surrogacy Agreements

Review the details of your individual situation with your attorney.

📝 Understand State-Specific Laws

Surrogacy laws vary from state to state. It's essential to understand the regulations in your state, as they will impact your surrogacy journey.

📄 Get a Notarized Agreement

In Michigan, any surrogacy agreement must be notarized before medical procedures can begin. Make sure to follow this requirement to avoid legal issues later.

👩‍⚕️ Evaluate Health Requirements

In both Michigan and Massachusetts, surrogates must undergo medical and mental health evaluations. Ensure that you, or any potential surrogate, are prepared for these assessments.

📅 Know the Costs

Be aware that the total costs associated with surrogacy can range significantly. Understanding these expenses early can help in financial planning.

💬 Communicate with All Parties

Open communication between intended parents and surrogates is vital. Discuss all expectations and concerns before entering into agreements.

🕵️‍♂️ Research Free Resources

Look into free resources like the UCLA Law's guide on reproductive health care. These can provide valuable information without financial commitment.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services in this area met the review threshold, so this section lists free government and nonprofit resources that may assist individuals considering surrogacy.

🥇 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 resource is helpful for individuals seeking information on their rights and protections in surrogacy situations.

🥈 2. Local Family Services Agencies

Many states have family services agencies that can provide information and support regarding surrogacy. These agencies often offer free consultations to help clarify the legal landscape and assist with navigating surrogacy agreements.

🥉 3. State Health Departments

State health departments may have resources related to reproductive health care, including surrogacy. They can provide information on medical evaluations required for surrogates and intended parents.

4️⃣ Nonprofit Organizations

Various nonprofit organizations focus on family planning and reproductive rights. These groups often offer workshops and resources that can educate individuals on the surrogacy process.

🔎 What to Check Before Paying for Help

  • 📝 Verify the credibility of the organization or resource.
  • 👥 Look for user reviews and testimonials.
  • 💰 Ensure that there are no hidden fees.
  • 📅 Confirm that the resource is up-to-date with current laws.

❓ Frequently Asked Questions

🤔 What are the eligibility requirements for surrogates in Michigan?

In Michigan, surrogates must be at least 21 years old, have previously given birth, and complete both a medical evaluation and a mental health consultation.

🤱 How do costs differ for surrogacy in different states?

The total costs of surrogacy can vary widely, typically ranging from $140,000 to over $180,000 in the U.S., depending on state laws and individual circumstances.

🏛️ What changes did Massachusetts make to surrogacy laws?

Massachusetts has enacted specific requirements for surrogacy agreements that include age restrictions and mandatory medical and mental health evaluations for surrogates and intended parents.

📋 Can surrogacy agreements be enforced in all states?

Surrogacy laws differ significantly across states, with some states allowing compensated surrogacy and others prohibiting it. It is important to understand the laws in your state.

🔍 What resources are available for learning about surrogacy?

Free resources like the UCLA Law's shield laws guide and local family services agencies can provide valuable information on surrogacy and reproductive rights.

📅 How can I find support during the surrogacy process?

Consider reaching out to nonprofit organizations and local family services agencies that offer workshops, resources, and support for individuals navigating surrogacy.

⚖️ Recent Cases Related to Surrogacy

Recent court rulings have clarified many aspects of surrogacy laws, affecting how agreements are formed and enforced. These rulings highlight the evolving legal landscape surrounding surrogacy in the U.S.

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

End of October 2026 Update





Surrogacy costs are mostly comprised of medical bills. One of the first things a couple pays for is medical testing. Couples and their doctors will search for the reason that they were unable to conceive. Even after an infertile couple has chosen to use a surrogate, there are many medical tests involved.

Doctors will want to be sure that both potential parents are free of any disease or defect that will be passed onto the surrogate or baby. Once a surrogate has been selected, the doctors will also want to screen the surrogate extensively. They will want to be sure that the surrogate is physically able to carry a pregnancy to term.

There will also be medications necessary and regular doctor visits once a successful pregnancy is achieved. Psychological testing, for both the couple and the surrogate mother, is also necessary and expensive.

Read This About Cost and Expenses Before Becoming A Surrogatere Becoming A Surrogate

While surrogacy costs are very expensive, they rise when a commercial surrogate is used.    

The cost of surrogacy can be measured financially and emotionally to both the surrogate and the couple. While the cost of surrogacy can be much higher than the cost of the wife having her own healthy pregnancy, it affords the ability of parents to have a biological child that they would not otherwise be able to have. 

Surrogacy costs sometimes prevent a couple from achieving their dream of having a child of their own. In this case, parents may want to consider adoption or search for an altruistic surrogate. In this case, the parents would only be responsible for medical bills incurred due to pregnancy. Therefore, the surrogacy cost would be no different than the intended mother getting pregnant on her own.