What state has the best surrogacy laws?

Asked by: Emilia Bayer  |  Last update: January 30, 2026
Score: 4.8/5 (31 votes)

California. California expressly permits surrogacy arrangements. Having more statutory law and published case law on surrogacy arrangements than any other state, California is regarded as a highly surrogacy friendly state, both for heterosexual couples as well as for same-sex couples.

Which state is best for surrogacy?

California is known as one the most surrogacy-friendly states with long-established surrogacy laws. However, it is not the only one, and surrogates and agencies based in California may be more expensive than elsewhere.

Which state pays the most for surrogacy?

Our highest-paying surrogate compensation package is $102,000 for experienced and employed surrogates living in California.

What states are not surrogate friendly?

Are Surrogates Legal in Every State? Most states are surrogacy-friendly, with the exception of two states where compensated surrogacy is not considered legal: Nebraska and Louisiana.

How much did Kim K pay her surrogates?

How Much Do Celebrity Surrogates Get Paid? According to TMZ, Kardashian's surrogate will receive $45,000 in monthly installments of $4,500 during her pregnancy. This is a standard fee for an experienced surrogate, said Caballero, who regularly draws up surrogacy agreements.

Surrogacy Laws & Costs Reviewed: Top 5 Best Countries for Surrogacy Destinations #surrogacyiran

30 related questions found

What disqualifies you from being a surrogate?

Current health status: Surrogates should be in good general health without conditions that could complicate pregnancy. Chronic conditions like diabetes, hypertension, or autoimmune disorders often require special consideration or may disqualify candidates depending on severity and management.

Why do the Kardashians get surrogates?

Kim Kardashian faced health complications including placenta accreta during her pregnancies with North and Saint. She bravely chose surrogacy as a safer alternative to expand her family.

Do surrogates still get paid if they miscarry?

Compensation during surrogacy is carefully structured to support the surrogates at every stage of the journey while it continues. Even if a surrogacy miscarriage occurs, the surrogate is still compensated for the time, effort, and medical procedures she has already completed.

Is the baby biologically yours if you use a surrogate?

The baby's DNA is only inherited from the egg and sperm provider and not the surrogate mother. This means that if the intended parents' eggs and sperm are used, biologically, the baby is only related to the parents and not the surrogate.

What rights do surrogate mothers have?

If you're using gestational surrogacy to grow your family in a U.S. state with surrogacy-friendly laws, you'll have full parental rights to the baby. Once you've established legal parenthood, your gestational surrogate has no legal rights to your child, and she can't claim to be the mother.

Do surrogates get paid for breast milk?

Yes, surrogates get paid for breast milk. Intended parents will also pay for the supplies and equipment a surrogate will need to pump, such as a breast pump and storage. The intended parent or parents can purchase these for the surrogate or simply reimburse them.

Do you pay taxes on surrogacy money?

In most cases, the IRS sees this as nonemployee compensation, which is why many surrogates receive a Form 1099-NEC. Even if you don't receive this form, the IRS can still expect you to report the income, depending on how the payments were structured.

What is the best surrogacy agency in the USA?

Best Surrogacy Egg Donation Agencies in the U.S.

  • Hatch Fertility Egg Donation Surrogacy.
  • The Fertility Agency.
  • Circle.
  • Same Love Surrogacy.
  • ConceiveAbilities.
  • Growing Generations.
  • IARC.
  • Roots Surrogacy.

How many surrogates did Kim Kardashian use?

Individuals create families in many different ways and we celebrate all of those ways at the Harris Law Firm. Kim Kardashian, for example, had her first two children naturally and then opted to utilize the assistance of two different surrogates for her second two children.

What states pay the most for surrogacy?

Surrogacy Pay by State — Where Surrogates Earn the Most in 2026

  • Best For: Women ages 21–39 exploring surrogacy.
  • Key Comparison: Pay ranges, protections, cost-of-living factors.
  • Highest-Paying States: California, New York, New Jersey, Illinois.
  • Typical Total Compensation: $45,000–$87,000+

What is the most fertile state in the US?

South Dakota tops the list as the state with the highest fertility rate at 65.64 live births per 1,000 women aged 15–44, and Vermont rounds out the list as the state with the lowest fertility rate of 42.1, according to 2023 CDC data. As the map shows, the rates vary by region. These tables show those divisions.

How much did Kim Kardashian pay her surrogates?

According to TMZ, Kardashian and West will pay the surrogate $45,000 in 10 $4,500 monthly installments, and the couple paid an additional $68,850 deposit to the agency. In the event the surrogate gives birth to multiples, such as twins or triplets, she will receive $5,000 for each additional child, TMZ reported.

Whose blood type does a surrogate baby have?

In any pregnancy, blood, oxygen and nutrients are passed to the baby from the pregnant woman through the umbilical cord. The blood type of the surrogate doesn't matter; after all, many genetic mothers and their children have different blood types.

What is the downside of surrogacy?

While there are many surrogacy pros for intended parents, there are also some disadvantages of surrogacy for hopeful parents to consider: Surrogacy can be complicated. Gestational surrogacy involves complex medical procedures, and surrogacy laws. Legal processes can be overwhelming at times.

What happens if a surrogate dies while giving birth?

Typically, contracts require that the surrogate and her husband, if she has one, accept the risk of her death, and agree to release the Intended Parents (IPs) from liability if she dies. The IPs may have to purchase life insurance for the surrogate, to provide financial protection to her family.

How much do surrogate mothers get paid monthly?

How much you get paid monthly as a surrogate will depend on your overall base pay for surrogacy. If your base pay is $65,000, this will be paid out in 10 equal monthly payments of $6,500.

What disqualifies me as a surrogate?

Health and Medical Disqualifications

C-Section History: Applicants who have had over five cesareans cannot become surrogates. Mental Health: Candidates with a history of depression, anxiety, schizophrenia, borderline personality disorder, or bipolar disorder, are not eligible to become surrogates.

Did Cameron Diaz give birth to any of her children?

Cameron Diaz is returning to film after welcoming two children with husband Benji Madden. The two had daughter Raddix in 2019 and son Cardinal in 2024. The couple reportedly used a surrogate to carry their daughter.

Why do rich people use surrogates?

People pursue surrogacy for a variety of reasons such as infertility, dangers or undesirable factors of pregnancy, or when pregnancy is a medical impossibility.

Did Nicole Kidman carry her baby?

In expressing their gratitude for her birth, they thanked their “gestational carrier.” Kidman and Urban had arranged with a surrogate to carry their genetic child, who was born in Nashville, where the couple lives. Not in Australia, where they are citizens, and where commercial surrogacy is banned.