International surrogacy refers to a surrogacy arrangement in which intended parents and their surrogate live in different countries. International surrogacy opens the door to parenthood for individuals and couples who may not have that opportunity in their own countries. However, it requires careful planning and coordination across borders, particularly in areas of law, healthcare, and immigration. It’s not merely a matter of geography; international surrogacy is a dynamic intersection of legal systems, ethical considerations, and the universal desire to build a family.
Why Do International Intended Parents Choose Surrogacy Abroad?
The path to parenthood is deeply personal, and for many international intended parents, surrogacy abroad offers hope where local options fall short.
Understanding Surrogacy Laws Around the World
One of the most significant challenges in international surrogacy is navigating the vast patchwork of global surrogacy laws. While some countries embrace the practice, others ban it outright. For instance, in France and Germany, all forms of surrogacy are illegal, and violators can face serious legal consequences. Canada and the UK allow only altruistic surrogacy, where the surrogate can be reimbursed for expenses but cannot be paid beyond that. On the other end of the spectrum, the United States is home to several surrogacy-friendly states where gestational surrogacy is not only legal but regulated and protected by clear legal frameworks.
Countries like Ukraine, Georgia, and Mexico have become hubs for international surrogacy due to lower costs and legal allowances for foreigners, though these options carry their own risks and limitations, especially during times of political unrest or evolving legislation.
Legal Risks and Grey Areas
The legal intricacies of international surrogacy cannot be overstated. One of the most pressing issues for intended parents is the acquisition of citizenship for their child. In many cases, a baby born through surrogacy abroad does not automatically obtain citizenship from either the surrogate’s country or the intended parents’ homeland. This can lead to bureaucratic delays, legal limbo, or even situations where the child is stateless for a time.
Why Many Intended Parents Choose the U.S.
Despite the higher cost, the United States remains one of the most sought-after destinations for international surrogacy. This is largely due to its robust legal framework that recognizes and enforces surrogacy agreements in many states. U.S. surrogacy laws, particularly in surrogacy-friendly states, offer clear parental rights to the intended parents from birth, including pre-birth orders that establish legal parenthood before the baby is born.
Surrogacy-Friendly States in the U.S.
A surrogacy-friendly state is one that has clear, enforceable laws protecting all parties involved in a surrogacy arrangement—especially the intended parents.
Top Surrogacy-Friendly States
California is often regarded as the gold standard for surrogacy in the U.S. It was one of the first states to establish clear legal protections for intended parents and surrogate mothers alike. Courts in California routinely issue pre-birth parentage orders, and the state is inclusive of all family types.
Colorado has recently emerged as a strong option for surrogacy, thanks to progressive legislation that supports all intended parents. Illinois also provides a favorable legal environment with specific laws governing gestational surrogacy.
Maryland, Nevada, and New Jersey round out the list of top contenders, offering comprehensive legal frameworks and a history of surrogacy-friendly court decisions.
States to Avoid or Approach With Caution
Not all states in the U.S. are surrogacy-friendly. Some, like Louisiana, either ban compensated surrogacy outright or fail to recognize surrogacy agreements at all. Others have ambiguous or inconsistent case law that can complicate the establishment of parentage.
The Surrogacy Process for International Intended Parents
Your guide, step by step:
Step 1: Choose a Surrogacy Agency
Choosing the right agency is the cornerstone of a successful surrogacy journey. For international intended parents, working with an experienced, ethical, and communicative agency is especially critical..
Step 2: Legal Consultation and Contracts
Before proceeding, both parties must enter into a legally binding agreement. This step typically requires lawyers in both the surrogate’s country and the intended parents’ country. Contracts should cover everything from compensation to parental rights, expectations during pregnancy, and what happens in case of complications.
Step 3: Finding and Matching With a Surrogate
Matching with the right surrogate involves more than medical compatibility; it’s about shared values, communication style, and mutual trust. Agencies help facilitate this process by screening potential surrogates for physical health, psychological stability, and motivation. Once matched, intended parents usually have the opportunity to meet the surrogate via video call or, when possible, in person.
Step 4: IVF and Embryo Transfer
Embryo creation through IVF can be done in the intended parents’ home country or in the U.S., depending on where the embryos will be implanted. If created abroad, embryos must be shipped internationally under strict medical and legal protocols. Once at the fertility clinic, the surrogate undergoes medical preparation and the embryo is transferred.
Step 5: Pregnancy and Ongoing Communication
Once pregnancy is confirmed, regular updates are shared between the surrogate, agency, and intended parents. Agencies often manage this communication and help coordinate video calls, medical updates, and even trips for important milestones such as ultrasounds.
Step 6: Birth and Parentage
As the due date approaches, legal steps are finalized to ensure that the intended parents are recognized as the legal parents at birth. This often involves a pre-birth order that names them on the birth certificate. The agency and legal team coordinate with the hospital to ensure a smooth delivery and appropriate postnatal care.
Step 7: Bringing Baby Home
The final phase involves securing the baby’s passport and any necessary travel documents. This step can vary greatly depending on the intended parents’ home country. In some cases, DNA tests and court declarations may be required to confirm parentage.
Surrogacy Cost for International Parents
A look at the cost of surrogacy:
Average Surrogacy Cost in the U.S.
Surrogacy in the United States is often the most expensive option globally, with total costs ranging from $80,000 to $189,000 or more. These figures can be daunting, but they reflect the extensive medical care, legal protections, and professional services that make the journey safe and successful.
Cost Breakdown
The agency fee typically covers screening, matching, support, and coordination and can run from $20,000 to $40,000. Legal fees vary but are usually around $10,000, covering contract drafting and court procedures. Medical expenses, including IVF and embryo transfer, can reach $30,000 to $60,000 depending on the number of cycles and complications. Surrogate compensation ranges widely—commonly between $40,000 and $60,000—with additional payments for medical risks or multiples.
Travel and lodging for international intended parents also add up, as multiple trips may be necessary. Health insurance for the surrogate and baby can significantly impact the final total.
Hidden or Unexpected Costs
It’s important to budget for contingencies. Premature births, NICU stays, legal delays, or even a failed embryo transfer can all lead to additional expenses. Working with a transparent and experienced agency can help you anticipate and afford surrogacy.
Can Surrogacy Be More Affordable Elsewhere?
Countries like Ukraine, Mexico, Colombia, and Georgia have been popular due to lower surrogacy costs. However, they also come with risks, especially regarding citizenship, contract enforcement, and political stability.
Benefits and Challenges of International Surrogacy
International surrogacy offers profound benefits. It provides a path to parenthood for those shut out by restrictive local laws. The U.S. offers high-quality medical care and access to thoroughly vetted surrogates and professionals. Legal frameworks in surrogacy-friendly states help protect the rights of all parties involved.
How to Choose the Right Country, Agency, and Legal Team
Start by researching surrogacy laws in the surrogate’s country and your own. Choose a country with a stable legal environment and a track record of supporting international intended parents.
Work only with licensed, experienced, and transparent agencies that understand the cultural nuances of international clients.
Hire a legal team experienced in international family law. Their expertise will be critical in handling contracts, securing parental rights, and navigating immigration challenges.
Final Tips for International Intended Parents
Plan ahead for travel and extended stays in the surrogate’s country. Most intended parents will need to travel at least twice—once during pregnancy and once for the birth. Expect bureaucratic delays and remain flexible. Lastly, don’t go it alone. Join support groups, lean on your agency, and connect with other international families who have walked this path before.
Explore Your Options with Surrogacy by Faith
Choosing international surrogacy is both a significant emotional and financial decision. But with the right team by your side, the process can be transformative. At Surrogacy by Faith, we specialize in guiding international intended parents through every step of the journey with compassion, clarity, and care. Parenthood is possible, and we’re here to help make it a reality. Fill out our Surrogate Initial Inquiry form to start the process. Potential intended parents can complete our Intended Parents Initial Inquiry form. Get started today!