Surrogacy isn’t new—it’s been around for centuries, giving people who couldn’t carry a child the chance to build a family. Of course, the process has changed a lot over time. What started as an informal practice in ancient societies has transformed into a medically advanced and legally protected option that helps thousands of families every year.
Let’s take a look at how surrogacy has evolved, from its earliest mentions in history to the medical breakthroughs that shaped it into what we know today.
The Earliest Forms of Surrogacy
The First Surrogacy Arrangements
Surrogacy has existed long before modern medicine. One of the earliest recorded examples comes from the Bible—the story of Abraham, Sarah, and Hagar. Sarah, unable to conceive, asked her servant Hagar to have a child for her. That child, Ishmael, was considered Sarah’s, even though Hagar gave birth to him.
This is what we now call traditional surrogacy, where the surrogate is both the biological and gestational mother. Back then, this was the only option—there was no way to separate pregnancy from genetics.
Ancient societies, including Mesopotamia and Egypt, also had similar surrogacy-like practices. In many cultures, it wasn’t just a personal decision but a social or even legal requirement. If a wife couldn’t conceive, another woman—often a servant—might be expected to bear a child on her behalf.
When Surrogacy Was the Law
Some of the oldest legal codes even included surrogacy arrangements. The Code of Hammurabi, written around 1750 BCE, stated that if a wife couldn’t have children, her husband could have a child with another woman, and that child would legally belong to the wife.
Back then, surrogacy wasn’t about personal choice—it was about continuing family lines, particularly for those in positions of power. Unfortunately, little thought was given to the emotional well-being of the women involved. It wasn’t until much later that surrogacy became a voluntary decision, supported by medical and legal safeguards.
The 20th Century: Surrogacy Becomes a Choice
The Shift from Informal to Legal Surrogacy
For most of history, surrogacy was strictly traditional—meaning the surrogate was also the biological mother. This led to complex emotional and legal challenges, especially when a surrogate wanted to keep the baby.
Even in the early 1900s, surrogacy was still a private, informal arrangement. Families often relied on trusted women within their communities to carry a child, but without legal contracts or protections.
The First Legal Surrogacy Agreements
By the 1970s, surrogacy was becoming more structured. The first legally recognized surrogacy agreement was signed in 1976. But at this time, most surrogacies were still traditional, meaning they carried the risk of emotional and legal disputes.
As surrogacy continued to grow, the question became: How can we make this process safer for everyone involved? The need for stronger legal protections became even clearer in the 1980s when high-profile cases like Baby M sparked national debates.
The Baby M Case and the Rise of Surrogacy Laws
Surrogacy started gaining mainstream attention in the 1980s, especially after the famous Baby M case in 1986. In this case, a woman named Mary Beth Whitehead agreed to be a traditional surrogate but later changed her mind and wanted to keep the baby. A legal battle followed, and while the contract wasn’t enforced, the court granted custody to the intended parents while giving the surrogate visitation rights.
This case changed everything. It highlighted the emotional and legal risks of traditional surrogacy and led to laws that favored gestational surrogacy—where the surrogate has no genetic connection to the baby.
The Rise of Gestational Surrogacy: A Game Changer for Families
The First Gestational Surrogacy Birth
In 1985, surrogacy took a major step forward. A woman named Sherry Johnson became the first person to give birth through gestational surrogacy—meaning she carried a baby that was not genetically hers.
This was made possible through in vitro fertilization (IVF), where an embryo created from the intended parents’ egg and sperm was implanted into the surrogate’s womb. This changed everything.
Gestational surrogacy offered:
- More legal security—since the baby wasn’t biologically related to the surrogate, custody battles became less common.
- Emotional clarity—surrogates saw themselves as helpers rather than biological mothers.
- More options for intended parents who could now have biological children even if they couldn’t carry the pregnancy themselves.
How Surrogacy Became a Mainstream Option
By the 1990s and 2000s, surrogacy was becoming more common, but the laws were still catching up. Some states, like California, embraced surrogacy with clear legal protections. Others, like New York, banned paid surrogacy for decades before finally legalizing it in 2021.
One of the biggest legal concerns was who the law recognized as the baby’s parents. In traditional surrogacy cases, courts sometimes ruled in favor of the surrogate if she changed her mind. Gestational surrogacy helped solve this issue because the surrogate had no biological link to the baby.
The Rise of Surrogacy-Friendly States
Over time, some states became known as surrogacy-friendly. California, Illinois, and Colorado are now known for their surrogacy-friendly laws, making them popular choices for surrogacy journeys. These states have clear legal frameworks that protect intended parents’ rights before the baby is even born, removing many of the legal uncertainties that once surrounded surrogacy.
However, not all states are as open to surrogacy. Some still have restrictions, and a few even ban commercial surrogacy entirely, only allowing it in altruistic cases. These differences also affect the cost of surrogacy in Florida, North Carolina and other states, as local regulations can significantly impact overall expenses.
As surrogacy laws in the U.S. have changed over time, it’s important for intended parents to research where surrogacy is legal before starting their journey.
Surrogacy Today: A Growing Option To Build a Family
Why People Choose Surrogacy
Surrogacy has become an accepted and widely used option for people who cannot carry a pregnancy themselves.
With gestational surrogacy, the process became much more inclusive. It allowed:
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- Women with medical conditions preventing pregnancy (such as heart disease, uterine abnormalities, or recurrent pregnancy loss) to have children using their own eggs.
- Couples experiencing infertility due to endometriosis, premature ovarian failure, or other reproductive disorders to build their families.
- Same-sex male couples to have biological children by using donor eggs and a gestational surrogate.
- Single parents to start families with the help of egg or sperm donors and a surrogate.
Public perception of surrogacy has also shifted. Once seen as a last resort, it’s now recognized as a beautiful and legitimate way to build a family. Celebrities have also helped normalize surrogacy by openly sharing their journeys.
What’s Next for Surrogacy?
The future of surrogacy is promising. Advances in reproductive technology continue to improve success rates, and new fertility treatments are on the horizon. Scientists are even exploring artificial wombs, which could change surrogacy as we know it.
Meanwhile, legal protections continue to improve, making surrogacy safer and more accessible for both intended parents and surrogates.
Choose Surrogacy by Faith
Surrogacy has come a long way—from ancient traditions to a medical process that helps families grow. Whether you’re an intended parent or considering becoming a surrogate, choosing the right agency makes all the difference.
At Surrogacy by Faith, we believe surrogacy is more than just a process—it’s an act of love, commitment, and faith. Our team, made up of former surrogates, is here to guide you every step of the way.
To begin your journey, you can fill out the Intended Parents Form, while those considering becoming a surrogate can explore the Surrogate Application Form.