Surrogacy in the US

Our US surrogacy management service helps support you through the process of US surrogacy from start to finish, drawing together all the professionals and elements you will need to deal with as UK intended parents, and making sure your journey is safe, legal and responsibly managed.

The US is one of the most well established destinations, with many states recognising surrogacy and offering an airtight legal framework. As a result, there is a lot of choice in where to go for surrogacy in the US.

Find out more by contacting our team by phone, email or contact form

What are the laws for US surrogacy?

Surrogacy in the US is regulated by state law. This means that each state has its own rules in relation to recognising the legal parenthood of a child born through surrogacy. Some states have fully fledged surrogacy friendly laws, others have evolved case law supporting surrogacy arrangements, others use adoption-type laws and in some states surrogacy is not legal. The key is to ensure that your surrogate is able to give birth in a surrogacy friendly state and the professionals you are working with will ensure that this happens. It is also important to work with reputable professionals who will provide a high level of client service and are used to working with intended parents from overseas.

This is part of the reason why many intended parents use Brilliant Beginnings to support their US surrogacy journey. We have connections with agencies, clinics and organisations across the US so can put you in touch with the right people based on how you want your surrogacy to progress.

Immigration and US surrogacy

Immigration is an important consideration when undertaking surrogacy in the US, both practically and legally. You will have travel in and out of the country on visits, as well as to stay for a period of time when your baby is born before you seek to gain entry back to the UK when you are ready to return home.

There is a well-trodden path but it is always sensible to check with a UK lawyer to ensure how the immigration process will work in your particular circumstances. All our services include a Legal Review with our sister organisation NGA Law to guide you with your UK immigration plan. An Options Review meeting can also help you identify if your personal circumstances require specialist advice if you are still in the planning stages.

Book an Options Review for more information.

How much does it cost for a surrogate in the US?

Surrogates in the US are compensated anywhere from $35,000 upwards, depending on their circumstances, in addition to covering out of pocket expenses. This is agreed in advance of you meeting her and is written into her contract with you.

Some states are considered ‘high demand’ states where surrogate compensation can be significantly more. Also, a ‘stand out’ surrogate who is a proven surrogate will usually also have a higher baseline compensation. In addition to her compensation, you will need to consider her out of pocket expenses while she is having treatment as well as other pregnancy related costs.

There are also many other costs you need to take into account in setting a realitic overall budget, including professional, medical, legal and insurance costs. All of this can be explained in detail during an Options Review meeting or as part of your US Matching and Management with Brilliant Beginnings.

Parental rights for US surrogacy

One of the most important factors when undertaking US surrogacy is parental rights: who has them and from what point?

If your child is born to a US surrogate, they will have the right to a US birth certificate and you will be the legal parent/s (under US law) from the outset. Your US attorney will advise you on how to apply for a US birth certificate. However, you will need to be aware that although you will have parental rights in the US, these are not automatically recognised in the UK which is why you need to go through an additional UK legal process once you are back home. All our services include a Legal Review with our sister organisation NGA Law to guide you on what you need to do to secure your legal parentage in the UK.

Contact us to find out more.

How does Brilliant Beginnings help with US surrogacy?

We offer project-management and support services to UK intended parents conceiving through surrogacy in the USA. Our basic US Surrogacy Matching and Management service (which costs £6,000 plus VAT) covers our working with you to help you understand the overall US surrogacy path and identify a well-suited and vetted US agency, clinic and attorney to work with, introducing you to them and helping you set out your practicalities.  Our fees also include a UK legal review (including a meeting and advice letter) with a solicitor from NGA Law.

Our enhanced US Surrogacy Matching and Management service (which costs £9,000 plus VAT) continues on from the basic service, giving continued professional support through your matching, fertility treatment and pregnancy to bringing your baby home to the UK. You will also receive enhanced UK legal support included in our fee, with a solicitor from NGA Law being on hand to advise on the specific UK legal issues associated with your match and to review the US legal documents you are entering into.  

Other destinations for surrogacy: Canada and the UK

Several countries offer legally-recognised surrogacy, including the UK, Canada, Georgia, Ukraine and Greece. There are also a number of unregulated destinations that are evolving and should be approached cautiously.  As well as the USA, Brilliant Beginnings supports surrogacy journeys in the UK and Canada as these are options that are established and legally regulated.

You can find more on these destinations here:

Find out more by contacting our team by phone or email.