📅 2026 Update: Recent Changes in Surrogacy Laws

Since the original article was published, several important changes in surrogacy laws have occurred across the U.S. This update covers significant developments from 2024 to 2026, including new regulations and eligibility rules in various states. The earlier article continues further down the page for more information on surrogacy.

🏛️ Michigan's New Surrogacy Law

In Michigan, a major change took place on April 2, 2025. The state repealed its previous prohibition on surrogate parentage agreements. The new Assisted Reproduction and Surrogacy Parentage Act allows compensated gestational surrogacy.

Surrogacy agreements must now be notarized before any medical procedures occur.

📜 Massachusetts Surrogacy Legislation

Massachusetts also made strides in surrogacy regulations. Effective January 1, 2025, new laws outline requirements for surrogates and intended parents. Surrogates must be at least 21 years old, have prior childbirth experience, and complete medical and mental health evaluations.

Intended parents must also be at least 21 and undergo a mental health consultation.

🔄 New York's Proposed Amendments

In 2025, New York proposed amendments to its Family Court Act and General Business Law. These changes aim to clarify definitions and requirements regarding surrogacy agreements. This effort reflects an ongoing trend to better regulate surrogacy arrangements.

💰 Current Surrogacy Costs

As of 2026, the total cost of a surrogacy journey in the U.S. is between $140,000 and $180,000. This includes various expenses such as surrogate compensation, medical procedures, legal fees, and insurance costs. Understanding these expenses is crucial for intended parents considering this option.

📌 Key Takeaways

  • 🏛️ Michigan's new law allows compensated surrogacy with notarized agreements.
  • 📜 Massachusetts set age and evaluation requirements for surrogates and intended parents.
  • 🔄 New York is updating its surrogacy agreement rules.
  • 💰 Surrogacy costs in the U.S. range from $140,000 to $180,000.

💡 Tips for Surrogacy Planning

Reviewing your situation with an attorney is essential to ensure you understand the legal implications of surrogacy.

📋 Understand State Laws

Each state has different laws regarding surrogacy. Make sure to research the specific regulations in your state to avoid any legal issues.

📝 Complete Necessary Evaluations

Both surrogates and intended parents in states like Massachusetts and Michigan must complete medical and mental health evaluations. This step ensures the well-being of everyone involved in the surrogacy process.

🤝 Choose a Qualified Surrogate

When selecting a surrogate, consider their age and previous childbirth experience. States like Michigan and Massachusetts require surrogates to be at least 21 years old and have given birth before.

📅 Timing for Agreements

Surrogacy agreements must be signed before any medical procedures. In Michigan, for example, these agreements need to be notarized to be valid.

📊 Prepare for Financial Costs

Be ready for the financial aspects of a surrogacy journey. Understand the full range of costs involved, which can typically be between $140,000 and $180,000.

🏆 Free Options Ranked by User Reviews (2026)

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

🥇 1. UCLA Law's Shield Laws Guide

The UCLA School of Law offers a comprehensive guide focusing on shield laws for reproductive and gender-affirming health care. This resource is valuable for understanding rights and protections related to surrogacy.

🥈 2. Local Health Departments

Many local health departments provide resources for individuals considering surrogacy. They can offer information on medical evaluations and mental health consultations required in various states.

🥉 3. Nonprofit Advocacy Groups

Several nonprofit organizations advocate for reproductive rights and may provide resources for those interested in surrogacy. These organizations often have experts who can answer questions about the surrogacy process.

4️⃣ State Health Services

State health services often have programs that help guide individuals through the surrogacy process. They can provide information on legal requirements and available support systems.

🔎 What to Check Before Paying

  • ✅ Verify if the service has good reviews.
  • 🔍 Check for any hidden fees.
  • 🏷️ Ensure they are knowledgeable about your state laws.
  • 📞 Contact previous clients for feedback.

❓ Frequently Asked Questions

🤔 What are the requirements for surrogates in Michigan?

Surrogates in Michigan must be at least 21 years old, have previously given birth, and complete medical and mental health evaluations.

🔍 How do surrogacy laws vary by state?

Surrogacy laws differ significantly across the U.S. Some states permit and regulate surrogacy, others declare contracts void, and a few criminalize compensated surrogacy.

📅 When did Michigan’s new surrogacy law take effect?

Michigan's new Assisted Reproduction and Surrogacy Parentage Act became effective on April 2, 2025.

🏛️ What should intended parents do before starting the surrogacy process?

Intended parents should familiarize themselves with their state's surrogacy laws and ensure they meet the requirements, including age and mental health consultations.

📖 Where can I find more information on surrogacy?

Resources include local health departments, nonprofit organizations, and legal guides like the UCLA Law's Shield Laws Guide. These sources can provide valuable insights into the surrogacy process.

🧑‍⚕️ Are there any protections for surrogate parents?

Yes, under 34 CFR § 300.519, public agencies must assign a surrogate parent when a child has no identifiable parent. This helps protect the rights of children in need.

⚖️ Recent Cases in Surrogacy

Recent court rulings have addressed various aspects of surrogacy, highlighting the ongoing evolution of laws in this area.

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

End of October 2026 Update





Gestational surrogacy is one option available to surrogate mothers and intended parents. While the procedures involved in gestational surrogacy may be more complicated than those in traditional surrogacy, it has different benefits and considerations. In gestational surrogacy, both intended parents will be biologically related to the child.



This type of surrogacy is also called IVF surrogacy because it involves in vitro fertilization. In IVF surrogacy, the intended father's sperm and the mother's egg are used to produce pregnancy. As a result of the additional time and medical procedures involved, gestational surrogacy is more expensive than traditional surrogacy.



For some parents, it is important that they both be genetically related to their child. They may choose this option because the intended mother is unable to carry a child to term or because they have had difficulties in getting pregnant on their own.

Gestational Surrogacy Overview


When choosing this option, intended parents would want to be sure that they do not carry any undesirable genetic features that can complicate the pregnancy.  The surrogate mother will also be screened for undesirable genetic factors, as well as any health issues that can affect the pregnancy or the health of the baby.



There is a time factor to consider when choosing gestational surrogacy. It takes time for menstrual cycles to be synchronized and for the surrogate mother's body to become prepared for pregnancy. In addition, not every attempt at pregnancy will be successful. It may take several attempts before the surrogate mother becomes pregnant.



Intended parents must also consider the very real possibility that a pregnancy may produce multiple children. The surrogate mother may give birth to twins, triplets, or more children in a single birth. There are many health considerations for multiple births. The consequences for both the surrogate mother and children should be discussed before pregnancy occurs.



Gestational surrogacy is a wonderful option for parents that are unable to conceive on their own. While it requires varying degrees of medical procedures for those involved, it can also produce a beautiful, genetically-related child for intended parents.



In addition to the higher costs associated with IVF surrogacy, it may also take longer than traditional surrogacy to produce pregnancy. If intended parents are willing to wait for the process to be completed, this may be the best option for them. Although, IVF surrogacy can be more time intensive than its counterpart, intended parents may feel that having genetically-related children is worth the wait and the cost.