📅 2026 Update: Changes in Commercial Surrogacy Laws

Since the original article was published, several important changes have occurred in U.S. surrogacy laws. New laws in Michigan and Massachusetts have opened up options for surrogacy, while New York is working on clarifications to existing laws. The following sections will cover these updates in detail.

🏛️ Michigan's New Surrogacy Law

On April 2, 2025, Michigan repealed its ban on surrogate parentage agreements. The state now allows compensated gestational surrogacy under the Assisted Reproduction and Surrogacy Parentage Act. This law requires surrogacy agreements to be notarized before any medical procedures start.

🏛️ Massachusetts Introduces Surrogacy Legislation

Massachusetts enacted new surrogacy laws effective January 1, 2025. These laws set age requirements for surrogates and intended parents. Both must be at least 21 years old, and surrogates need prior childbirth experience.

Additionally, medical and mental health evaluations are now mandatory.

🏛️ New York's Proposed Amendments

In 2025, New York proposed amendments to clarify its Family Court Act and General Business Law related to surrogacy agreements. These changes aim to improve understanding of the roles and responsibilities of intended parents and surrogates.

💰 Current Surrogacy Costs

As of 2026, the total expenses for a surrogacy journey in the U.S. range from $140,000 to over $180,000. This includes surrogate compensation, medical procedures, legal fees, and insurance. These figures reflect a significant investment for intended parents.

📌 Key Points

  • Michigan and Massachusetts have updated surrogacy laws to allow compensated arrangements.
  • Surrogates and intended parents in these states must meet specific eligibility criteria.
  • Surrogacy agreements now require notarization in Michigan and evaluations in Massachusetts.
  • Total costs for surrogacy in the U.S. have a wide range, reflecting various expenses involved.

💡 Tips for Understanding Commercial Surrogacy

Review your personal situation with an attorney.

📝 Know Your State’s Laws

Surrogacy laws vary by state. Understanding the specific laws in your state can help clarify what is allowed and what is not. This includes knowing whether your state permits compensated surrogacy and what the requirements are.

📋 Evaluate Eligibility Requirements

Both intended parents and surrogates must meet eligibility criteria in states like Michigan and Massachusetts. These include age limits and prior childbirth experience for surrogates. Be sure to check these details before proceeding.

📅 Plan for Legal Documentation

States like Michigan require surrogacy agreements to be notarized before any medical procedures. Planning to have all necessary documents in order is crucial to avoid delays.

🩺 Consider Medical Evaluations

In states like Massachusetts, surrogates must undergo medical and mental health evaluations. These evaluations help ensure that surrogates are physically and emotionally prepared for the surrogacy journey.

💵 Budget for Total Costs

Be prepared for total surrogacy expenses that can range from $140,000 to over $180,000. This includes compensation for the surrogate, medical costs, and legal fees.

🏛️ Stay Informed on Legislative Changes

Surrogacy laws can change frequently. Keep an eye on any new legislation in your state that may impact your surrogacy plans.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service has met the review threshold in this area, so we present free government and nonprofit resources to assist with surrogacy information.

🥇 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 can help individuals seeking information on surrogacy and their rights.

🥈 2. State Health Departments

Many state health departments provide resources and information about surrogacy laws within their jurisdiction. They can guide you on legal requirements and available support services.

🥉 3. Local Family Law Clinics

Local family law clinics often offer free workshops and resources related to surrogacy. These clinics can help individuals understand their legal options and requirements in their state.

4️⃣ Nonprofit Organizations

Various nonprofit organizations focus on family planning and reproductive health. They may offer resources or referrals for those interested in surrogacy.

5️⃣ Advocacy Groups

Advocacy groups for reproductive rights often provide valuable information about surrogacy laws and rights. They can help connect individuals with resources and support systems.

🔎 Important Considerations Before Paying for Help

  • 💼 Verify the credentials of any professional you consider hiring.
  • 📄 Ensure the service provides clear information on surrogacy laws in your state.
  • 🏅 Look for reviews or testimonials from previous clients.
  • 💬 Ask about any hidden fees or additional costs involved.

❓ Frequently Asked Questions

🤔 What are the eligibility requirements for surrogates in Michigan?

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

🤔 How does Massachusetts define surrogacy agreements?

Massachusetts law outlines specific requirements for surrogacy agreements, including age restrictions for both surrogates and intended parents. Surrogates must also undergo medical and mental health evaluations.

🤔 What is the process for notarizing a surrogacy agreement in Michigan?

In Michigan, surrogacy agreements must be notarized before any medical procedures can begin. This ensures that the agreement is legally binding and recognized.

🤔 Are there any ongoing discussions about international surrogacy regulations?

As of March 2024, there is no universal regulation for international commercial surrogacy. Discussions are ongoing about creating regulations that balance access to services with ethical considerations.

🤔 What do shield laws protect in the context of surrogacy?

Shield laws protect the provision of reproductive and gender-affirming health care, which may include surrogacy services. As of July 2026, eight states have enacted such laws.

🤔 What rights do surrogate parents have in education settings?

Under federal law, surrogate parents must be assigned to protect the rights of children when no parent can be identified. This applies to children who are wards of the state or when an agency cannot locate a parent.

⚖️ Recent Cases Related to Surrogacy

Recent court rulings have focused on various aspects of surrogacy laws and practices in the U.S. These cases illustrate the evolving landscape of surrogacy and parental rights.

For more recent rulings, check out the more rulings on the news page.

End of October 2026 Update





There are many agencies that have surrogacy programs. Women that are willing to become surrogate mothers will register with the program. These programs are mostly utilized for commercial surrogacy. The women will be screened medically, emotionally and psychologically before they are allowed to be surrogate mothers. Intended parents will also be screened in much the same way. Surrogacy programs want to protect the interests and health of all parties involved.

When choosing a surrogacy program, intended parents should perform extensive research. There are many factors to consider. The couple will want to compare the cost of different surrogacy programs and the services they provide. Parents will want to be sure that the program offers the services they desire.

For instance, some agencies may limit your contact with the surrogate mother while others will offer unlimited access in person and on the phone. Parents will also want to check what sort of screening is done by the surrogacy program. It is vital that the couple is comfortable when choosing to take part in commercial surrogacy.

Choosing A Commercial Surrogacy

When choosing to utilize commercial surrogacy, intended parents will often search through a database of available surrogate mothers or at least be given some choice about who their surrogate mother is. The surrogate and the intended parents will both have a say about whether they are comfortable.

For some parents, commercial surrogacy is the only option for them to have a biological child. In the end, the father may be the only parent biologically related to the child. However, the shared experience they have through a surrogacy program often strengthens their relationship. By choosing their surrogate mother together, the couple and their surrogate mother experience the pregnancy together.

This experience can closely mimic a traditional pregnancy if it is handled that way by all parties. Surrogacy programs will try to provide the type of pregnancy experience intended parents are hoping for while adhering to agency rules and local laws.

Commercial surrogacy can provide for a wonderful shared pregnancy experience. After taking time to compare fees and screening processes of different surrogacy programs, intended parents should feel more comfortable with their surrogate mother. Intended parents’ positive relationship with their surrogate mother can help ensure a positive outcome for all parties involved.

Parents should also feel comfortable with their surrogate program. Agencies should be readily available to answer any questions or concerns that intended parents or surrogates have throughout the process. While all agencies must follow the same laws, some have differing policies. All participants should be comfortable will every single aspect of the process before they proceed.