Destination profile: Surrogacy in the USA
Australian intended parents considering international destinations might come across surrogacy in the USA as an option.
Note: nothing in this article qualifies as legal advice, nor does it replace advice from a lawyer who can give advice about surrogacy in the USA. The surrogacy and political landscapes can change dramatically at short notice and this article will not be updated frequently. Sarah is not able to verify with 100% accuracy the information in this article.
Intended parents should consider what best practice, ethical surrogacy looks like and research widely before choosing a pathway. Agencies, intermediaries and trade shows are often conflicted from giving unbiased advice. Australian consumer laws will not protect intended parents if an international business does not deliver on their promises.
The United States of America has a population of more than 340 million. English is the official language.
Australia’s Smartraveller website provides up-to-date information for travellers to the USA. In August 2025, Smartraveller advised travellers to exercise normal safety precautions in the USA, and noted that entry requirements can be quite strict. Having an ESTA does not guarantee entry to the USA.
Legal Status: Surrogacy in the USA is regulated in part at the state level. Gestational surrogacy is available and open to singles and heterosexual and gay couples. In most states, surrogacy is considered ‘commercial’ such that surrogates are paid a fee beyond reimbursement of expenses.
Risks: There are always some risks in engaging in surrogacy internationally. Since 2024 with the new Trump administration, access to reproductive healthcare and birthright citizenship may be at risk. You should obtain legal advice from an independent lawyer practising in the state where your surrogate will deliver.
Healthcare: Healthcare is expensive in the USA, for travellers and for babies. Make sure you have adequate travel insurance and that your baby will have health insurance and access to healthcare in the USA.
Safeguards: Intended parents should satisfy themselves that safeguards have been met, including that:
- adequate legal protections are available to intended parents, the surrogate and the child.
- the surrogate has been medically and psychologically assessed and has access to psychological support.
- the surrogate can read and understand the surrogacy contract, and is assisted by an interpreter when needed – including during medical treatment.
- the surrogate and the child will have access to high quality healthcare, before, during and after pregnancy and birth.
- the parties have access to legal advice from an independent lawyer – one that is not employed by an agency or clinic.
Egg Donation: Agencies and clinics can facilitate arrangements with egg donors and have access to egg banks. A child has a right to know their genetic and birth heritage, and anonymous donation is not considered to be in a child’s best interests.
Parentage and birth certificates: For children born via surrogacy in the USA, intended parents are usually able to obtain a birth certificate listing both intended parents and the full name they have chosen for the child. Parentage is regulated at the state level, meaning that the process for obtaining parentage orders and birth certificates will vary depending on where the surrogate delivers the baby. Your American lawyer will guide you through that process.
Australian recognition: intended parents pursuing surrogacy in the USA should seek independent legal advice from an Australian lawyer. Australia does recognise most USA birth certificates, since 2024 changes to the Family Law Regulations.
You might be interested exploring other international surrogacy destinations. There are destination profiles for most popular destinations.
Intended parents explore many different international surrogacy options. Find more information including links to Facebook groups about different options.
If you are considering surrogacy in Australia, you can read about how to find a surrogate, or how to become a surrogate yourself. You can also download the free Surrogacy Handbook which explains the processes and options.
You can read a broad overview for surrogacy in Australia and how it works.
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements. I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two dads in 2018.
I advocate for positive, best practice surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.
