Without a federal law, surrogacy in the U.S. is governed by a patchwork of state regulations that can determine everything from whether agreements are legally binding to who is recognized as a parent at birth.
U.S. clinics reported more than 11,500 gestational carrier cycles in 2023 — nearly seven times as many as in 2004, when the American Society for Reproductive Medicine began tracking the data.
How it works: A surrogate carries a pregnancy for intended parents — typically via in vitro fertilization (IVF) with an embryo that uses a donor or the intended mother's egg.
That's called gestational surrogacy, and the surrogate can be referred to as the gestational carrier.
It's an option for people who want biological kids but can't — or can't safely — carry a pregnancy.
Major differences between state laws include:
How a surrogate must be compensated (if not considered "altruistic").
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