📅 2026 Update: Changes in U.S. Surrogacy Laws

Since the original article was published, there have been significant changes in U.S. surrogacy laws. New legislation in states like Michigan and Massachusetts has reshaped the landscape of altruistic surrogacy, impacting how agreements are formed and what is required from both surrogates and intended parents. The information below highlights the most important updates for understanding surrogacy in 2026.

The earlier article continues further down the page.

🏛️ Michigan's Surrogacy Law Overhaul

In April 2025, Michigan repealed its previous ban on surrogate parentage agreements. The new Assisted Reproduction and Surrogacy Parentage Act allows for compensated gestational surrogacy. Now, surrogacy agreements must be notarized before any medical procedures can begin.

This change simplifies the process for intended parents and surrogates.

🏗️ Massachusetts Enacts Surrogacy Legislation

Effective January 1, 2025, Massachusetts introduced new requirements for surrogacy agreements under Mass. General Laws c.209C § 28A. Surrogates and intended parents must be at least 21 years old.

Additionally, surrogates must have prior childbirth experience and complete medical and mental health evaluations, ensuring a safer process for all involved.

📈 Current Fees and Costs

As of 2026, the total cost of a surrogacy journey in the U.S. ranges from $140,000 to over $180,000. This includes expenses such as surrogate compensation, medical procedures, legal fees, and insurance. These costs reflect the growing complexity of surrogacy arrangements.

🔍 Eligibility Rules in Michigan and Massachusetts

Under Michigan's new law, surrogates must be at least 21 years old and have previously given birth. They also need to complete medical evaluations and mental health consultations. Massachusetts has similar eligibility requirements for surrogates.

Intended parents in Massachusetts must also be at least 21 years old and undergo a mental health consultation.

📌 Key Points on Surrogacy Updates

  • 🏛️ Michigan's new law allows compensated surrogacy and requires notarized agreements.
  • 🏗️ Massachusetts sets age restrictions and health evaluations for surrogates.
  • 📈 Surrogacy costs currently range from $140,000 to over $180,000.
  • 🔍 Eligibility rules now include medical evaluations in both Michigan and Massachusetts.
  • 📅 Recent changes reflect evolving attitudes toward surrogacy in the U.S.

💡 Tips for Navigating Surrogacy Agreements

Examine your unique situation with an attorney. Understanding local laws and requirements can make a significant difference in your surrogacy journey.

📝 Understand State Laws

Surrogacy laws vary widely across the U.S. Some states allow compensated surrogacy, while others do not. Always check the laws in your state before proceeding.

📄 Get a Notarized Agreement

In states like Michigan, surrogacy agreements must be notarized. This requirement helps protect both the surrogate and the intended parents, ensuring that all parties understand their rights and responsibilities.

🧑‍🤝‍🧑 Choose Experienced Surrogates

Select a surrogate who meets all legal requirements, including age and prior childbirth experience. This can help minimize risks and ensure a smoother process.

🧠 Consider Mental Health Consultations

Both intended parents and surrogates may need to undergo mental health evaluations, especially in states like Massachusetts. These evaluations can provide insights into the emotional aspects of surrogacy.

💰 Budget for All Expenses

Anticipate the total costs associated with surrogacy, which can reach over $180,000. Include medical, legal, and insurance expenses in your budget to avoid surprises.

📅 Stay Informed on Legal Changes

Surrogacy laws can change frequently. Regularly check for updates to ensure you have the latest information on laws and costs.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in the surrogacy field met the review threshold this year. As a result, this section focuses on free government and nonprofit resources that can help individuals seeking information on surrogacy.

🥇 1. UCLA Law's Shield Laws Guide

UCLA School of Law offers a comprehensive guide on shield laws related to reproductive and gender-affirming healthcare. This resource is beneficial for individuals looking for legal protections and rights regarding surrogacy.

🥈 2. State Health Departments

Many state health departments provide resources and information about surrogacy laws and regulations in their respective states. These departments can help clarify legal requirements and available support services.

🥉 3. Local Family Services Agencies

Local family services agencies often provide information and resources for families considering surrogacy. They can help connect intended parents with potential surrogates and guide them through the process.

4️⃣ Nonprofit Organizations

Several nonprofit organizations focus on surrogacy and family planning. They offer resources, support groups, and educational materials to help intended parents and surrogates navigate their journeys.

🔎 What to Check Before Paying for Help

  • 🔍 Verify the qualifications of any resource you plan to use.
  • 📝 Ensure the service complies with local laws and regulations.
  • 📞 Look for reviews or testimonials from others who have used the service.
  • 💬 Confirm that the service offers clear and transparent pricing.
  • 📅 Stay informed on any updates or changes in surrogacy laws.

❓ Frequently Asked Questions

❓ What is gestational surrogacy?

Gestational surrogacy involves a surrogate carrying a baby that is not biologically related to her. The embryo is created using the eggs and sperm of the intended parents or donors.

🛡️ Are surrogacy agreements legally binding?

Surrogacy agreements can be legally binding, depending on the laws of the state where they are executed. States like Michigan and Massachusetts have specific requirements for these agreements.

👩‍⚕️ What medical evaluations are required for surrogates?

Surrogates in states like Michigan and Massachusetts must complete medical evaluations and mental health consultations. These assessments help ensure the surrogate's well-being throughout the pregnancy.

🔍 How can intended parents find a surrogate?

Intended parents can find surrogates through agencies, word of mouth, or local family services organizations. Networking within communities and support groups can also be helpful.

📅 What are the costs associated with surrogacy?

The total cost of surrogacy in the U.S. typically ranges from $140,000 to over $180,000. These costs include surrogate compensation, medical procedures, legal fees, and insurance.

🏛️ How do state laws affect surrogacy agreements?

State laws can significantly impact surrogacy agreements. Some states have strict regulations, while others may not recognize surrogacy contracts at all.

⚖️ Recent Cases Related to Surrogacy

Recent court rulings have addressed various aspects of surrogacy laws, including the enforceability of agreements and the rights of surrogates and intended parents.

For a deeper dive into more recent rulings, check out more rulings on the news page.

End of October 2026 Update





Altruistic surrogacy may be the only legal form of surrogacy is some states. There are laws preventing surrogate mothers from benefiting financially from the pregnancy. They will, however, receive payment for any bills associated with that pregnancy.

They cannot receive compensation for their time or for any other considerations not directly associated with the pregnancy. State laws forbid this practice so that women do not take unnecessary risks with their health in order to benefit financially. States do allow for altruistic surrogacy because they believe the surrogate mother is likely doing it for family or a friend and not for financial gain. Instead, they are doing it because they want to help their family member or friend.

There are many considerations for egg donation and surrogacy. Egg donation can provide a healthy pregnancy for a woman who has been unable to conceive. After extensive medical testing is done, and the cause for unsuccessful pregnancy is found, egg donation and surrogacy may be the only options available. With egg donation, the intended mother may try to carry the pregnancy on her own. However, it may be found that she is unable to do so.

Understanding Altruistic Surrogacy

It is a good idea to discuss egg donation and surrogacy very carefully before deciding on a course of action. While the potential surrogate may require an egg donation, she may also find that she is unable to carry the pregnancy to term. Intended parents must carefully consider what they will do if the procedure is not successful.  

Altruistic surrogacy is a beautiful commitment to make. However, the surrogate must be fully committed psychically, mentally and emotionally both to the procedure and to the intended parents. Carefully consider egg donation and surrogacy before a commitment to the couple is made because it could be devastating to all involved should the mother change her mind at any point during the procedure.

Like any medical procedure, the benefits and disadvantages of egg donation and surrogacy should be thoroughly discussed before any decisions are made by any involved party.