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.

Surrogacy is legal across the US, but that doesn’t mean that all the states are equally set up for international surrogacy. The US is one of the most well established destinations, with a number of states recognising the uniqueness of surrogacy and so offering an airtight legal framework. As a result there is a lot of choice in where to go for surrogacy in the US.

You can find out more about matching and management for US intended parents, or read on to find out the answers to the key questions around US surrogacy.

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 laws around case law, others use adoption type laws and in some surrogacy is not legal. This is part of the reason why many intended parents use Brilliant Beginnings to support their US surrogacy journey.

The key is to ensure that your surrogate is able to give birth in a surrogacy friendly state and the professionals that you are working with will ensure that this happens. 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 surrogate 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 you stay time when you baby is born and gaining 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 that you have a workable immigration path. All of our services include a Legal Review that will guide you with your immigration plan and an Options Review meeting can help indicate 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 is cost for a surrogate in the US?

Surrogates in the US are compensated anywhere from $35,000 and up, depending on their circumstances. 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 than this. 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. 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 legal parents 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, this is not recognized in the UK which is why you need to need to go through an additional process once you are back home.

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Other destinations for surrogacy: Canada and the UK

Many countries offer regulated 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.

Brilliant Beginnings works with The UK and Canada as these are options that are established and evolving. You can find more on these destinations here:

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