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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.

Why it matters: More Americans are turning to surrogacy to build their families, making ethical, legal and cultural tensions harder to ignore.

  • 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").
  • Who becomes the legal parents of a child born via...