Finding a surrogate starts with two big decisions: whether to use a surrogacy agency or search independently, and what type of surrogacy arrangement fits your situation. The process typically takes 6 to 12 months just to match with a surrogate, and the total cost in the United States averages $140,000 to $180,000. That timeline and price tag make it worth understanding each step before you begin.
Gestational vs. Traditional Surrogacy
Most surrogacy arrangements today are gestational, meaning an embryo created through IVF is transferred to the surrogate’s uterus. The surrogate has no genetic connection to the child. The embryo can come from the intended parents’ own egg and sperm, or from donors.
Traditional surrogacy is different. The surrogate is artificially inseminated with the intended father’s sperm, making her the biological mother of the child. This creates a more complex legal situation because the surrogate has a genetic tie to the baby. For that reason, most agencies and fertility clinics work exclusively with gestational surrogacy, and many states treat the two arrangements very differently under law.
Using an Agency vs. Searching Independently
A surrogacy agency handles screening, matching, legal coordination, communication with IVF clinics, and guides both you and the surrogate through the entire process. Agency fees run $25,000 to $50,000 on top of all other costs. What you’re paying for is structure: the agency manages dozens of moving parts so you don’t have to.
Independent surrogacy skips the agency fee and gives you more direct control over matching and communication. But it also means you’re personally responsible for screening candidates, coordinating medical steps, managing legal contracts, and resolving any conflicts that arise. People who’ve gone the independent route describe it as overwhelming, especially when something unexpected comes up. Independent surrogacy tends to work better for experienced surrogates who already know the process, not for first-timers on either side.
If you’re considering the independent path, you’ll still need a reproductive attorney and a fertility clinic. You’re saving on the agency coordination fee, but the legal, medical, and compensation costs remain the same.
Where to Look for a Surrogate
Through an agency, you fill out a profile describing your preferences and the agency matches you with pre-screened candidates from their database. The matching process alone takes roughly six months on average, though highly specific preferences can push it to a year or more.
If you’re searching independently, people typically find surrogates through online surrogacy communities, social media groups dedicated to surrogacy matching, or personal networks. Some intended parents connect with surrogates through friends, family members, or religious communities. The challenge with an independent search is that you’ll need to verify the surrogate’s qualifications yourself, which brings us to screening.
What Screening Involves
Surrogacy isn’t as simple as finding someone willing to carry a pregnancy. The American Society for Reproductive Medicine outlines extensive criteria a gestational surrogate must meet before she’s cleared. The evaluation includes infectious disease screening, a full medical history and physical exam, laboratory testing, a psychological evaluation, an assessment of her uterine cavity, and legal counseling.
A surrogate is considered ineligible if she shows evidence of sexually transmitted infections, has a history of nonmedical drug injection, or has gotten a tattoo or piercing within the past 12 months where sterile technique wasn’t confirmed. She also needs a stable home environment with adequate support to handle the added stress of carrying a pregnancy for someone else.
Agencies handle this screening as part of their fee. If you’re going independent, you’ll need to coordinate these evaluations through your fertility clinic and a licensed mental health professional who specializes in reproductive issues.
The Legal Contract
Every surrogacy arrangement requires a legal contract, and each party needs their own attorney. This isn’t optional. The contract is extensive and covers several critical areas:
- Parentage: How the intended parents will be established as the legal parents and how the surrogate (and her spouse, if applicable) will be relieved of all parental rights and responsibilities.
- Custody at birth: Ensuring the intended parents have immediate custody when the child is born, whether through a pre-birth order or a post-birth legal process.
- Conception details: Whose genetic material will be used, how many embryos will be transferred per attempt, and how many attempts the parties will make.
- Medical expectations: The surrogate agrees to reasonable restrictions on travel, nutrition, and activities, and agrees to cooperate with her medical providers.
- Compensation: Base pay, expense reimbursements, and what happens financially if complications arise.
- Relationship changes: What happens if either party divorces, separates, or marries during the pregnancy.
- Dispute resolution: Whether the parties must try mediation before going to court.
Legal representation for surrogacy typically costs $8,000 to $15,000 total for both sides.
How Much It Costs
The national average for a complete surrogacy journey is $140,000 to $180,000. Here’s how that breaks down:
- Surrogate base compensation: $60,000 to $110,000 or more, depending on location and experience
- Agency fees: $25,000 to $50,000
- Legal representation: $8,000 to $15,000
- Medical insurance for the surrogate: $12,000 to $18,000 for a basic maternity policy, or $25,000 to $35,000 for a singleton pregnancy policy, and $40,000 to $50,000 for twins
IVF costs, medication, and other medical expenses add to the total. Surrogate compensation varies significantly by state. California surrogates typically receive $60,000 to $70,000 in base pay, while surrogates in Georgia average $45,000 to $55,000. New York falls around $50,000 to $65,000, Illinois around $48,000 to $58,000.
State Laws Matter
Surrogacy legality varies dramatically across the United States, and where your surrogate lives and delivers the baby can determine how smoothly the legal process goes.
States considered surrogacy-friendly have clear statutes that enforce gestational surrogacy contracts and allow compensation. These include California, Colorado, Connecticut, Illinois, Nevada, New York, New Jersey, Oregon, and Washington, among others. In these states, you can typically obtain a pre-birth order that names you as the legal parent before the child is even born.
Some states restrict surrogacy significantly. Indiana and North Dakota treat surrogacy contracts as void. Louisiana only allows uncompensated gestational surrogacy for married couples who are the genetic parents. Texas and Utah limit surrogacy to married couples. Virginia prohibits compensated contracts.
A large group of states, including Georgia, Florida, Maryland, Pennsylvania, and many others, simply have no specific surrogacy statutes at all. In these states, outcomes depend on case law and local court practices, and adoption after birth is often required to establish legal parentage. Your reproductive attorney should guide which state’s laws will govern your arrangement.
Insurance for the Surrogate
Not all health insurance policies cover a surrogate pregnancy, and some explicitly exclude it. Before your surrogate begins the medical process, her existing insurance policy needs to be reviewed by a specialist to determine whether it will cover maternity care in a surrogacy context.
If her policy doesn’t cover surrogacy, the intended parents typically purchase a separate maternity insurance policy. These are often written through specialty insurance markets. A basic policy used alongside other coverage runs $12,000 to $18,000. A standalone maternity policy for a singleton pregnancy costs $25,000 to $35,000, while twin pregnancies push that to $40,000 to $50,000.
International Surrogacy
Some intended parents consider surrogacy abroad to reduce costs, but cross-border arrangements carry serious legal risks. The U.S. State Department warns that if your surrogacy agreement doesn’t follow local law in the country where the child is born, you may have difficulty documenting the child as a U.S. citizen.
In some countries, a child born through surrogacy won’t receive citizenship of the birth country because the surrogate isn’t considered the legal parent. This can leave the child without a passport from either country, creating a situation where you can’t easily bring your baby home. The State Department may require evidence of genetic or gestational connection to the child, proof of your physical presence in the United States before the birth, and confirmation that you’re the child’s legal parent under local law.
There have also been documented cases of overseas clinics substituting different donor genetic material, either intentionally or by accident, or providing incorrect guidance about U.S. citizenship requirements. If you pursue international surrogacy, working with both a U.S. immigration attorney and a local attorney in the birth country is essential.