Finding a Surrogacy Lawyer Nearby: What Intended Parents Should Know

Find a surrogacy lawyer near you. Learn what to ask, why local expertise matters, and how American Surrogacy connects you to vetted attorneys.

Finding a qualified surrogacy lawyer is one of the most critical steps in your journey to parenthood. With the right legal representation, you can navigate complex state laws, secure your parental rights, and move forward with confidence.

The peace of mind that comes from having an experienced attorney ensures that your legal foundation is as strong as your hope for the future.

Start your journey today by contacting a surrogacy specialist today. We’ll connect you with a vetted surrogacy lawyer near you who understands your state’s laws and your unique needs.

Below, we’ll walk you through exactly how to find a surrogacy lawyer nearby, what questions to ask, why state-specific expertise matters, and how American Surrogacy’s attorney network can streamline this crucial step in your journey.

How to Find a Surrogacy Lawyer Near Me

Searching “surrogacy lawyer near me” is only the beginning. Because surrogacy law is highly specialized, you need an attorney with deep experience in reproductive law.

The right lawyer understands assisted reproduction, state-specific statutes, and parentage orders, giving you the protection a basic internet search can’t guarantee.

Focus your search through these trusted channels:

  • Professional Directories: Use the American Bar Association’s lawyer referral directory or your state bar association, filtering for “assisted reproductive technology” or “reproductive law.”
  • Agency Referrals: Agencies like American Surrogacy maintain a network of vetted attorneys who have proven expertise with surrogacy contracts, parentage orders, and state-specific requirements.

Why it matters: An attorney who excels in divorce or adoption may not understand gestational surrogacy. You need someone who practices this law regularly in your state.

The Role a Surrogacy Lawyer Plays in the Surrogacy Contract Process

Your lawyer is the architect of your legal protection. They will:

  • Draft and negotiate your surrogacy contract.
  • Ensure compliance with state-specific requirements.
  • Coordinate with your fertility clinic.
  • Guide you through parentage proceedings so your parental rights are recognized before or immediately after birth.

Because laws vary by state, having an attorney licensed in your jurisdiction is essential to avoid costly delays.

Learn more about the surrogacy legal process.

Do I need a lawyer for surrogacy?

Yes. Independent legal representation is required for all parties in surrogacy arrangements. Beyond this requirement, your lawyer protects your interests at every step—from contract negotiations to establishing legal parentage.

What type of lawyer handles surrogacy?
Specialized family lawyers or assisted reproductive technology (ART) attorneys. They must be licensed in your state and have experience with surrogacy-specific statutes and court procedures.

What should be in a surrogacy contract?

A strong surrogacy contract leaves no room for uncertainty. Your attorney will walk you through each element, ensuring that both your rights and your surrogate’s rights are fully protected.

The most common areas your contract should cover include:

  • Medical decision-making authority: Who can make decisions during pregnancy and delivery.
  • Financial responsibilities: Compensation for your surrogate, medical expenses, and additional costs.
  • Communication expectations: How updates will be shared and what level of contact is expected.
  • Contingency plans: Provisions for unexpected circumstances, such as medical complications.
  • Parental rights protection: Language that establishes you as the baby’s legal parents.
  • Boundaries and responsibilities: Clear definitions of roles for everyone involved.

When written by an experienced surrogacy lawyer, these provisions become enforceable protections that safeguard your journey.

Questions to Ask When Choosing a Surrogacy Attorney

The right questions during your consultation can reveal whether an attorney has the expertise and communication style you need. Key areas to explore include:

  • Experience: “How many surrogacy cases have you handled in the past two years?” and “What percentage of your practice focuses on reproductive law?”
  • Fees: Do they charge a flat fee or hourly rate? What does their quoted fee include, and what additional costs could come up?
  • Communication: What’s their preferred method of communication, and how quickly do they typically respond?
  • Case management: Will they personally handle your case, or delegate to associates?
  • Community connections: Do they regularly work with local surrogacy agencies and fertility clinics?

Most surrogacy attorneys charge between $3,000 and $7,000, covering contract drafting and parentage proceedings. While cost matters, the right fit often comes down to trust, responsiveness, and proven experience in surrogacy law.

State-by-State Differences in Surrogacy Law

Surrogacy laws vary significantly from state to state. Some jurisdictions allow pre-birth parentage orders, while others require post-birth adoption.

Compensation rules, court timelines, and even judge preferences can differ widely, shaping how quickly and smoothly your case moves forward.

This is why local expertise is so important. A surrogacy lawyer who practices regularly in your jurisdiction understands the nuances of local statutes and court systems, ensuring your parental rights are secured without unnecessary delays.

Is your state truly surrogacy-friendly? Find out now.

Agency vs. Independent Search for a Lawyer

If you conduct your own search, you’ll need to vet credentials, evaluate experience, and confirm that the attorney understands surrogacy law in your state—a process that can be both time-consuming and stressful.

By contrast, working with an agency like American Surrogacy connects you with attorneys who have already demonstrated competence in surrogacy cases.

These lawyers are familiar with agency processes, collaborate seamlessly with your support team, and often provide more competitive pricing thanks to their established relationships with agencies.

Choosing an agency-referred attorney gives you the confidence that you’re working with someone proven, not just someone you found online.

Can one lawyer represent both the surrogate and the intended parents?

No. Independent legal representation is required for both the intended parents and the surrogate.

This safeguard ensures fairness, prevents conflicts of interest, and protects the rights of everyone involved in the surrogacy process.

What’s the role of a surrogacy attorney vs. agency?

Surrogacy agencies and attorneys play different but connected roles. The agency manages matching, screening, and coordination, while the attorney focuses exclusively on legal protection and compliance.

When your agency refers you to independent counsel, you benefit from a partnership where both professionals are working toward the same goal: protecting your family’s journey and ensuring every step is completed correctly.

Why Agency-Connected Attorneys Are Preferable to In-House Legal

While some agencies employ in-house lawyers, this arrangement can create conflicts of interest between agency priorities and client rights. Independent attorneys recommended by your agency offer the best balance.

They’ve already proven themselves through successful cases, but because they are not on staff, their sole duty is to advocate for you.

This independence ensures you get personalized guidance, reliable communication, and continuity of legal support even after your initial surrogacy journey is complete.

How American Surrogacy Supports Your Legal Needs

At American Surrogacy, we take the guesswork out of finding the right surrogacy lawyer.

Our vetted attorney network includes professionals who focus exclusively on reproductive law, maintain excellent track records in surrogacy cases, and understand the unique aspects of our agency’s matching and support services.

Fill out our form today to get matched with a surrogacy lawyer near you and take the next step toward building your family.

With this support, you can move through your surrogacy journey with confidence, knowing your parental rights are fully protected.

How Do I Choose an Agency That Manages Surrogate Background Checks and Screenings?

How do you trust a surrogacy agency? Comprehensive screening includes medical records, psych evals and clinical approval before matching.

The agency surrogate screening process determines whether your surrogacy journey succeeds or fails—making it the most critical factor when choosing a surrogacy agency.

A reputable agency conducts multi-layered evaluations before any match is finalized—preventing costly delays and failed matches that can derail your path to parenthood.

With comprehensive screening, you can be matched with a fully vetted surrogate in an average of 1 - 4 months and avoid the costly delays that come from inadequate background checks. Get started with professional screening today

What Should Be Included in Comprehensive Surrogate Screening?

A thorough agency surrogate screening process should examine every aspect of a candidate’s readiness to carry your child. High-quality agencies conduct multi-layered evaluations that go far beyond basic eligibility requirements.

Social and Medical History Review

Professional agencies conduct comprehensive social and medical history evaluations that include previous pregnancies, complications, current health status, and family medical background.

This review examines the candidate’s lifestyle, support systems and social circumstances alongside their medical history to ensure overall suitability for surrogacy.

Medical Record Review and Analysis

Reputable agencies perform detailed medical record reviews that analyze documentation from all prior births, current health assessments, and any potential risk factors.

This comprehensive record analysis helps identify medical considerations that could impact pregnancy success or safety.

Psychological Screening and Evaluation

Licensed reproductive psychologists conduct comprehensive psychological screenings to determine emotional stability, motivation for surrogacy, and ability to handle the psychological demands of carrying another family’s child.

These evaluations assess the candidate’s mental health, support systems and understanding of the emotional aspects of surrogacy.

Clinical Approval and Physical Evaluation

After initial screening approval, quality agency surrogate screening includes clinic approval processes where reproductive specialists review the candidate’s suitability.

If the clinic approves the surrogate, she undergoes a comprehensive physical evaluation before the match is finalized.

This final step ensures everything is medically sound and prevents failed matches by identifying any last-minute concerns before the matching process is completed.

Learn how our surrogate screening process help you avoid failed matches and costly delays.

How Quality Screening Accelerates Your Path to Parenthood

Professional agency surrogate screening practices don’t just protect you—they actually expedite your journey to parenthood by ensuring every woman you’re matched with is highly qualified and ready to proceed.

Avoiding Failed Matches

When agencies conduct comprehensive pre-screening, you avoid the time and emotional cost of failed matches.

Instead of spending months getting to know a potential surrogate only to discover disqualifying factors, you can be confident that anyone presented to you has already passed rigorous evaluation standards.

Streamlined Matching Process

Quality screening ensures you are quickly matched with a surrogate, with a lower risk of delays.

When surrogates have been properly vetted for medical history, psychological readiness, the transition from initial introduction to confirmed match proceeds more smoothly and efficiently without unexpected complications.

Red Flags in Agency Screening Practices

When evaluating “how thorough are surrogate background checks?” at different agencies, certain warning signs should make you look elsewhere for your surrogacy needs.

Rushed or Inadequate Screening Procedures

Be cautious of agencies that move candidates through screening processes very quickly or can’t provide detailed information about their evaluation procedures.

Quality agency surrogate screening takes time and involves multiple professional assessment steps.

Lack of Professional Partnerships

Agencies that don’t work with licensed psychologists, medical professionals, or qualified experts for screening may be cutting corners that could compromise your safety and success.

Professional screening requires specialized expertise.

Limited Transparency About Screening Standards

If an agency is vague about their screening procedures or unwilling to explain their standards and processes, this lack of transparency should concern you.

Professional agencies should readily discuss their comprehensive screening methodologies.

Benefits of Working With a Full-Service Agency for Screening

The question “should I use an agency or go independent?” becomes clear when you understand the comprehensive protection that full-service agencies provide through professional surrogate screening and ongoing support.

Expert Professional Networks

Established agencies maintain partnerships with licensed medical and psychological professionals who specialize in reproductive health and surrogacy.

This means your surrogate has been evaluated by experts who understand the unique demands of carrying another family’s child.

Team-Based Review Processes

Professional agencies use collaborative approaches where multiple experienced professionals review every surrogate candidate, bringing different perspectives and expertise to the evaluation process.

This reduces the risk of overlooking important factors that could impact your journey.

Comprehensive Program Oversight

Full-service agencies maintain ongoing relationships with surrogates throughout their time in the program, providing continued support and monitoring that independent arrangements cannot match.

This ongoing oversight helps identify and address issues before they impact your journey.

If you do have your own surrogate, you complete your surrogacy journey with agency support, including screening. Learn more about our independent program.

How to Evaluate an Agency’s Screening Standards

When choosing an agency, ask specific questions about their agency surrogate screening process to ensure they meet professional standards that protect your interests.

Questions About Screening Procedures

Ask agencies to explain their screening timeline, professional partnerships, and specific evaluation criteria.

Professional agencies should readily provide detailed information about their comprehensive screening methodologies and be able to explain how each component protects your interests.

Documentation and Transparency Requirements

Request information about screening documentation, ongoing monitoring procedures, and how screening results are communicated to intended parents. Quality agencies maintain transparent processes and comprehensive records.

Ready to Work With a Trusted Surrogacy Agency?

At American Surrogacy, we’ve built our reputation on the foundation of thorough, professional agency surrogate screening processes that ensure every surrogate in our program meets the highest standards for health, stability and commitment.

Contact a surrogacy specialist today to learn more about our comprehensive screening procedures and discover how our commitment to quality vetting can accelerate your journey while providing the peace of mind you deserve.

Your family’s future is too important to trust to anything less than the most thorough and professional screening standards in the industry.

Are There Surrogacy Programs that Offer Financial Protection for Intended Parents?

Worried about losing your surrogacy investment? Discover protection programs that cover failed matches, journey setbacks & unexpected costs.

You’ve already invested so much—emotionally, physically and financially—in your journey to parenthood.

Now you’re considering surrogacy, but one question keeps you awake at night: “What happens to my investment if something goes wrong?”

Here’s what you need to know: reputable agencies like American Surrogacy have developed comprehensive financial protection programs specifically to address these concerns and safeguard your investment.

Protect Your Investment Today: Fill out our simple form to learn how our Limited Risk Program shields your finances.

Follow us on Instagram for surrogacy guidance and support throughout your journey.

Do Surrogacy Programs Offer Financial Protection?

Yes, established surrogacy agencies typically offer various forms of financial protection to intended parents.

These programs recognize that surrogacy involves inherent uncertainties—from failed matches to unsuccessful transfers and provide safety nets to protect your investment.

However, not all agencies offer the same level of protection, which is why understanding your options, is vital before making this life-changing commitment.

At American Surrogacy, we’ve developed protection programs specifically because we understand that your journey to parenthood is too important to leave to chance.

Types of Surrogacy Financial Protection Programs

The surrogacy industry has evolved to offer several types of financial protection programs, each designed to address different scenarios that might arise during your journey:

Money-Back Guarantee Programs

Full or partial refund programs offer refunds if certain milestones aren’t reached, such as failure to find a suitable match within a specified timeframe or unsuccessful completion of the surrogacy process.

These programs typically have specific conditions and timelines that determine eligibility for refunds.

Unlimited Matching Programs

These programs ensure that if your first surrogate match doesn’t work out, the agency will continue matching you with suitable candidates at no additional cost.

This addresses one of the most common anxieties intended parents face: escalating costs due to failed matches.

Multiple Transfers Coverage

Some programs include coverage for multiple embryo transfer attempts without additional fees, recognizing that success may not come on the first try.

This protection can save thousands of dollars if multiple transfer cycles are needed.

Comprehensive Risk-Sharing Programs

These combine multiple protections into a single package, often including unlimited matching, multiple transfer attempts, and partial refunds under specific circumstances.

American Surrogacy’s Limited Risk Program exemplifies this approach, providing comprehensive protection that addresses the most common scenarios that could derail a surrogacy journey.

Curious about comprehensive coverage? Learn more about our Limited Risk Program and how it protects against multiple failure points.

How Escrow Protection Safeguards Your Investment

Understanding how your funds are managed during the surrogacy process is essential for peace of mind. In professional surrogacy arrangements, your money doesn’t simply disappear into an agency’s general account.

Instead, it’s carefully managed through escrow services that act as neutral third parties.

How Escrow Works in Surrogacy

Escrow protection in surrogacy operates through a milestone-based system:

  • Initial Program Fees: Your program fees are held in escrow until specific services are rendered or milestones are reached
  • Surrogate Compensation: Monthly payments to your surrogate are held in escrow and released according to the predetermined schedule
  • Medical and Legal Expenses: Funds for procedures, legal fees, and other expenses are held securely and released only when services are provided

This system ensures that your funds remain protected throughout the process and aren’t vulnerable to mismanagement or agency financial difficulties.

How American Surrogacy Stepped Up to the Plate During the SEAM Escrow Breach

The surrogacy industry faced a significant test when SEAM, a major third-party escrow company serving multiple surrogacy agencies, experienced a security breach that put client funds at risk.

During the SEAM escrow breach, American Surrogacy demonstrated exceptional commitment to client protection by reimbursing affected intended parents for their lost funds.

To our knowledge, no other agencies were able to provide the same level of financial protection to their clients during this crisis.

This response was possible because of our decades of experience successfully managing clients’ funds and maintaining strong financial reserves.

The experience reinforced our commitment to offering clients choice and security in their financial arrangements, including both in-house escrow management and third-party escrow options.

Understanding Payment Structure Options: Fixed-Fee vs. Pay-As-You-Go

The payment structure you choose significantly impacts your financial risk throughout the surrogacy process. Each approach has distinct advantages and considerations for intended parents.

Pay-As-You-Go Models

Pay-as-you-go models offer lower upfront costs and may seem more budget-friendly initially. You pay for services as they’re needed, which can help with cash flow management.

However, this approach can expose you to additional costs if complications arise, such as needing to rematch with a new surrogate or requiring additional embryo transfer cycles.

Fixed-Fee Programs

Fixed-fee programs require higher upfront investment but provide greater predictability and often include built-in protections.

These programs typically bundle services together, often including protections like unlimited matching or multiple transfer attempts without additional fees.

At American Surrogacy, we recognize that different families have different needs and financial situations.

That’s why we offer both à la carte options for those who prefer to budget for specific services and our comprehensive Limited Risk Program with built-in financial protections.

Not sure which payment structure works best for you? Compare our à la carte and risk-sharing options to find your ideal fit.

What Happens Financially If a Journey Fails?

While rare, not every surrogacy journey results in a successful birth, and understanding what happens to your investment in these scenarios is vital for making informed decisions.

The financial implications of a failed journey depend largely on the type of program you choose and at what point the journey ends:

  • Failed Matching: If you can’t find a suitable surrogate match, some agencies offer full or partial refunds of program fees, while others provide unlimited matching services until a suitable candidate is found.
  • Contract Termination: If a surrogate withdraws after contract signing but before medical procedures begin, you may be responsible for any compensation already paid, but program fees might be refundable or applicable to a new match.
  • Medical Complications: If the journey ends due to medical complications or failed transfers, the financial outcome depends on your program’s specific protections and how far into the process you’ve progressed.
  • No Viable Embryos: If you run out of viable embryos without achieving pregnancy, some programs offer partial refunds or credit toward future cycles.

High-quality financial protection programs address these scenarios with clear policies and, in many cases, built-in protections that minimize your losses while maximizing your chances of ultimately achieving success.

Do I Lose Money if the Surrogate Backs Out?

With a comprehensive financial protection program, surrogate withdrawal doesn’t have to mean significant financial loss.

Programs like our Limited Risk Program include unlimited matching services, meaning that if your surrogate backs out at any stage before achieving pregnancy, you won’t pay additional fees to find a replacement.

However, the timing of the withdrawal affects the overall financial impact. If a surrogate withdraws after receiving compensation payments, those funds typically cannot be recovered.

This is why working with agencies that have thorough screening processes and strong surrogate support systems is essential—they reduce the likelihood of unexpected withdrawals.

Essential Questions to Ask Before Choosing a Surrogacy Program

Before committing to any surrogacy program, protect yourself by asking these essential financial questions:

About Refund Policies

  • Under what circumstances are program fees refundable?
  • What percentage of fees can be refunded at different stages of the process?
  • How long do I have to request a refund if we decide to discontinue our journey?

About Matching and Re-matching

  • How many matches are included in my program fee?
  • What happens financially if our first surrogate match doesn’t work out?
  • Are there additional costs for finding a replacement surrogate?

About Escrow and Fund Management

  • How are my funds protected during the process?
  • Who manages the escrow account, and what are their credentials?
  • What happens to my money if the agency experiences financial difficulties?

About Additional Costs and Coverage

  • What services are included in my program fee versus what costs extra?
  • What are the potential additional costs I should budget for?
  • Are there caps on certain expenses, such as surrogate medical costs?

About Journey Completion and Guarantees

  • What happens to my investment if no pregnancy is achieved?
  • Are there guarantees or protections if we exhaust our embryos without success?
  • What financial support is available if we need to start over with a new surrogate?

About Payment Options

  • Can I choose between fixed-fee and pay-as-you-go options?
  • What are the advantages and risks of each payment structure?
  • Are financing options available to help manage the financial commitment?

Why American Surrogacy’s Financial Protection Stands Apart

At American Surrogacy, we’ve spent decades perfecting our financial protection programs because we understand that your journey to parenthood is too important to leave to chance.

Our approach differs from other agencies in several key ways:

  • Proven Crisis Response: Our handling of the SEAM breach demonstrated our commitment to protecting clients even in unprecedented circumstances
  • Flexible Escrow Options: We offer both in-house and third-party escrow management, giving you control over your fund protection
  • Comprehensive Coverage: Our Limited Risk Program includes unlimited matching and re-matching services
  • Transparent Policies: Clear, upfront communication about all costs and protections

Ready to Protect Your Path to Parenthood?

With the right protection programs and a reputable agency partner, you can move forward with confidence, knowing your investment is safeguarded.

Contact American Surrogacy today to learn more about our financial protection programs and discover how we can help secure your path to parenthood.

Your family’s future deserves nothing less than comprehensive protection and experienced guidance every step of the way.

Webinar: “Surrogacy Costs Without Surprises – Budgeting for Parenthood”

Most surrogacy agencies give you broad ranges for costs or hide the real numbers, leaving you more confused than when you started.

Here’s what they won’t tell you: The cost of surrogacy isn’t just about the money – it’s about the value and quality of service you receive. Not all agencies deliver the same results for your investment.

In our upcoming webinar, we break down how to evaluate what you’re actually getting for your money and the hidden costs other agencies don’t mention upfront.

Reserve your spot today to get the full picture of surrogacy finances.

Breaking the Silence on Surrogacy Costs: What Every Family Should Know

Surrogacy costs range from $100,000-$250,000+, depending on which agency you choose and how smoothly your journey progresses.

Here’s what many don’t realize: The agency isn’t the biggest expense – it’s everything else.

Even if you go the independent route without an agency, you should still budget over $100,000 for the all-in costs of surrogacy in the U.S. These “all-in” expenses aren’t typically included in the surrogacy estimate:

  • IVF clinic fees
  • Egg and sperm donation (if necessary)
  • Intended parent travel
  • Newborn costs and insurance

The Four Major Cost Categories

Here’s what you can expect to be included in your surrogacy cost estimate:

1. Gestational Carrier Compensation & Benefits Package – The largest portion of your budget

2. Medical & Insurance Expenses – Prenatal care, embryo transfer, delivery, etc.

3. Agency Fees, Screening & Matching – Professional services and ongoing support

4. Legal & Professional Fees – Contracts, representation, and required evaluations

The reality? These four categories exist whether you work with an agency or go independent. The difference is the value, support and protection you receive.

What You’ll Learn in This Webinar

  • Real cost breakdowns for each of the 4 major categories
  • Hidden expenses that catch families off guard
  • Financing options and grants to make it affordable
  • Surprise-proofing strategies to protect your budget
  • How to evaluate agency value – what you should get for your investment

Can’t attend live? All registrants get the full recording!

Ready to End the Cost Confusion?

Register FREE on Eventbrite – This one hour could save you thousands by helping you budget correctly from day one.

Perfect if you’re:

  • Exploring surrogacy after IVF challenges
  • Comparing agencies and feeling overwhelmed
  • Ready for transparent, honest cost information
  • Seeking financing options and resources

Questions about the webinar? Drop a comment below and we’ll get back to you!

Is It Safe to Find a Surrogate Online? Here’s the Truth

Finding a surrogate online? Learn the risks—and how American Surrogacy offers safe, vetted, expert-backed support for your journey.

Social media groups, forums like Reddit and matching platforms are filled with intended parents and hopeful surrogate mothers trying to connect directly. But is this path safe?

While it’s certainly possible to find a surrogate online, doing so without the guidance of a licensed surrogacy agency introduces serious risks.

Before you move forward, it’s important to understand how online matching works, why some people pursue it, and how an agency can still support you—even in an independent match.

If you’re looking for a surrogate, American Surrogacy can help you skip the uncertainty and connect directly with a highly qualified, pre-screened surrogate. Fill out our form today.

The Real Risks of Finding a Surrogate Online

Online surrogacy arrangements often skip the professional safeguards that are built into the agency process. That leaves intended parents exposed to a number of potential risks:

  • Lack of Screening: Many online surrogate candidates haven’t been medically or psychologically evaluated. You may not know if she meets even the basic requirements for a healthy pregnancy.
  • Fraud Potential: Online platforms are unregulated spaces where scams are all too common. There are documented cases of individuals posing as surrogates—or intended parents—for financial gain.
  • Legal Vulnerabilities: Without agency oversight or expert legal counsel, critical steps like parentage orders, escrow management, and state-specific compliance can fall through the cracks.
  • Medical Uncertainty: Without clinical prescreening, you could begin your journey with someone who’s not medically eligible, losing valuable time, money, and hope.
  • Emotional Fallout: Failed matches or mismatched expectations can take a serious emotional toll, especially without professional support to help mediate.

Learn more about why surrogate screening matters and the benefits of working with a surrogacy pre-screened through  American Surrogacy.

Why Some Parents Look for Surrogates Online

There are legitimate reasons why some intended parents explore how to find a surrogate online:

  • Affordability: Bypassing agency fees might look appealing. But costs like legal disputes, failed matches, or health disqualifications often outweigh short-term savings.
  • Speed: Some believe finding a surrogate online will be faster than waiting for an agency match. However, timelines vary widely—and unvetted matches can quickly turn into delays.
  • Autonomy: Independent matching allows parents to take a hands-on role in the process, which some people prefer.
  • Previous Agency Concerns: If an intended parent had a negative or confusing experience with an agency, they might try a different approach.

While these motivations are understandable, they don’t eliminate the risks that come with self-matching.

Surrogacy Scams and Red Flags to Watch For

It’s one thing to look for surrogate mothers online, it’s another to protect yourself in the process. Be cautious of these warning signs:

  • Lack of medical documentation or clinic involvement
  • Requests for money before any legal agreement is in place
  • Conflicting or evasive personal details
  • Refusal to involve a surrogacy professional
  • No references, criminal background checks, or verified screening

Even platforms like Facebook and Reddit, while popular, offer no built-in safeguards. That’s why finding a surrogate online should always be accompanied by professional review and support.

Independent Surrogacy vs. Agency Matching

When comparing agency matching to finding a surrogate online independently, consider the full scope of responsibility.

Independent Surrogacy

  • You manage everything: legal, financial, emotional, and medical logistics.
  • It may seem faster or cheaper, but often leads to unplanned complications and higher stress.
  • If a match falls through, there’s no backup plan.

Agency-Supported Matching:

  • Professionals screen surrogate candidates before they’re introduced to you.
  • Legal counsel, escrow services, medical coordination, and emotional support are built-in.
  • You’ll have ongoing guidance and, if necessary, re-matching support.

For many families, the peace of mind, structure, and safety provided by an agency like American Surrogacy outweigh the perceived freedom of doing it alone.

Finding a Surrogate Through an Agency Can Be Faster Than You Think

Many intended parents turn to finding a surrogate online because they believe it’s the fastest path forward.

But here’s the reality: working with an experienced agency can often be quicker, especially when the agency has a pool of fully pre-screened surrogates ready to match.

At American Surrogacy, we streamline the process by pre-screening surrogates in advance, so you’re not waiting for screening or disqualification delays

In contrast, finding a surrogate online often results in long delays once the initial connection is made. You may have to:

  • Wait for medical clearance
  • Discover the match can’t proceed
  • Start over if anything falls through

Our agency has already done the legwork so your surrogacy journey starts with far fewer roadblocks.

Learn more about how we shorten our wait times so you can become parents faster.

How Agencies Vet Surrogates (And Why it Matters)

One of the biggest benefits of working with an agency is how thoroughly surrogate candidates are screened before matching begins. This includes:

  • Medical evaluations to ensure she can safely carry a pregnancy
  • Psychological testing to assess readiness and mental health
  • Background checks and home studies
  • Review of previous pregnancies and lifestyle history

This front-end work significantly reduces the chance of failed matches or disruptions during the process. It may even save time and money in the long run by preventing complications.

How Agencies Can Still Help – Even If You Find Your Surrogate Online

Did you know that if you’ve already found a surrogate online, you can still partner with an agency? American Surrogacy offers independent surrogacy services that allow you to keep your match, while still accessing:

  • Legal support and contract guidance
  • Medical coordination
  • Escrow and financial management
  • Emotional counseling
  • Risk mitigation and re-matching support, if needed

We bring professional safeguards into your independent journey—so you can move forward with clarity, confidence and support.

Learn more about our independent surrogacy program.

Thinking about finding a surrogate online? You don’t have to do it alone.

Finding a surrogate online is possible, but it comes with real risks. Whether you’ve just started looking or have already connected with someone, American Surrogacy can help ensure your journey is safe, ethical and legally protected.

Let’s build your family the right way—together. Contact us for free surrogacy information now and to take the next step safely and confidently.

Can I Be a Surrogate if I Had C-Sections? You May Still Qualify

Yes, you can be a surrogate after up to 3 C-sections—learn the risks, qualifications, and how to apply with American Surrogacy.

If you’ve had one or more C-sections before, you might be wondering if those past deliveries could hold you back from becoming a surrogate.

The good news? They likely won’t. In many cases, you can be a surrogate if you had C-sections, as long as your overall health and pregnancy history meet the right criteria.

This guide will answer your biggest questions about surrogacy after C-sections, break down the medical considerations and walk you through our requirements.

If you have questions about your eligibility to be a surrogate, fill out our form today to find out how you can change lives.

Can I Be a Surrogate if I Had C-Sections?

Yes. Surrogates having C-sections usually isn’t an issue. At American Surrogacy, you can qualify if you’ve had up to three C-sections, provided your previous pregnancies and deliveries were healthy and your recovery was smooth.

When we talk about C-sections, we’re referring to the surgical method used to deliver your baby through incisions in your abdomen and uterus.

Most modern C-sections involve a horizontal (low transverse) incision, which generally heals well and supports future pregnancies. A vertical (classical) incision may carry more risk, so it’s reviewed on a case-by-case basis.

Let’s take a closer look at each situation.

How Many C-Sections Is Too Many for Surrogacy?

Can You Be a Surrogate if You’ve Had a C-Section?

Yes, you can be a surrogate after just one C-section. As long as your healing process went smoothly and it’s been at least six months, you’re likely a strong candidate.

Can You Be a Surrogate After Two C-Sections?

Yes, you can be a surrogate after two C-sections. One thing to keep in mind is that after your first C-section, your future deliveries may also need to be done by C-section. This is especially true if the original reason for surgery is still a factor or if your provider makes that recommendation based on your medical history.

Can You Be a Surrogate After Three C-Sections?

Yes, you can be a surrogate after three C-sections, although this is typically the maximum number allowed. Since this would likely be your fourth C-section, it’s usually considered your final opportunity to be a surrogate. Additional surgeries beyond this point raise safety concerns for you and the baby.

What Are the Medical Risks of Multiple C-Sections?

Every pregnancy and delivery is different, but repeated C-sections come with additional health considerations. Here are the main risks of having multiple cesarean births:

  • Placental Complications: Conditions like placenta accreta (when the placenta attaches too deeply) and placenta previa (when it covers the cervix) become more likely with each surgery.
  • Scar Tissue (Adhesions): Scar tissue from previous surgeries can complicate future procedures and increase the risk of organ injury.
  • Incision-Related Risks: Repeated C-sections can weaken the uterine wall and abdominal muscles, raising the chance of hernias.
  • Uterine Rupture: Although rare, there’s a higher risk of uterine rupture along previous incision lines during pregnancy or labor.

Our agency and partnered fertility clinics will ensure a thorough medical review, helping you and your intended family move forward safely.

You’ll want to speak with your healthcare provider and our team to evaluate your current health and surrogacy potential.

What Are the Requirements to Be a Surrogate?

Surrogacy agencies follow strict medical and legal guidelines to protect you and the intended parents. Here’s what it takes to qualify at American Surrogacy:

  • Be between the ages of 21 and 40
  • Have had at least one successful pregnancy
  • No more than five vaginal births or three C-sections
  • Currently raising a child
  • No major complications from previous pregnancies
  • No felony convictions

If you meet these qualifications, your next step is to fill out our application. Once approved, you’ll go through a thorough screening process to ensure you’re ready for the journey ahead.

If you don’t qualify to become a surrogate, you may still be able to help another family by participating in our referral program. If your referral is successful, you could earn $5,000 or more within 30 days of the embryo transfer.

How Do You Become a Surrogate?

If you’ve had no more than three C-sections, here are the steps to become a surrogate:

Step 1: Fill Out an Application 

This is your initial introduction to the surrogacy process. Once submitted, our team will review your responses to determine if you meet the basic eligibility criteria.

Step 2: Complete Social and Medical History Forms

If your application is approved, you’ll move on to detailed forms that ask about your health, lifestyle and family medical background.

During this stage, we’ll also collect important documents like your insurance card, driver’s license, signed medical release forms and a letter from your OB-GYN.

Step 3: Schedule an In-Home Assessment

A licensed social worker will visit your home to make sure it’s a safe, stable environment. They’ll speak with you and any adults living with you about your reasons for becoming a surrogate and walk through any concerns.

You’ll also meet with a licensed psychologist to talk through important emotional and mental health topics that help prepare you for the journey ahead.

Step 4: Match With Intended Parents

Once you’ve passed the social and psychological screenings, we’ll help you connect with the right intended parents. This is an exciting part of the process where we make sure values and expectations are aligned on both sides.

Step 5: Complete Your Medical Evaluation

Your final screening takes place at the intended parents’ fertility clinic. You’ll undergo lab work, a physical exam and a full medical history review. Once you receive clearance from the clinic’s physician, you’ll be ready to move forward with legal contracts and prepare for the embryo transfer.

Our team is here to support you throughout the surrogacy process. If you’re ready to begin, you can apply now.

Ready to Take the First Step?

You can be a surrogate if you had C-sections. If you’ve had no more than three cesarean births and meet our agency’s basic requirements, there’s a good chance you qualify.

Whether you’re ready to start the process or still have questions, we’re here to help. Fill out our form to learn more about how you can make a life-changing impact for a hopeful family.

I Need a Surrogate Now: How to Find a Surrogate Quickly

American Surrogacy offers a streamlined process to reduce surrogacy wait times by providing fast matching with pre-screened surrogates. Explore how to find a surrogate quickly and fast track your path to parenthood.

By partnering with us, you’ll gain access to pre-screened surrogates who are ready and eager to help you become parents faster.

With 1-4-month surrogacy wait times, you’re not just another family on the wait list. This means you can start building your family sooner than you might expect, with surrogates ready and available when you are.

In this article, we’ll walk you through what to expect from the surrogacy wait time, share tips to minimize delays and explain how our agency’s process sets you up for success.

To start your family-building journey and become a parent faster, fill out our form to explore available surrogates.

How to Find a Surrogate Quickly in 3 Steps

If you’re at the point where you’re thinking “I need a surrogate now”, you’ve likely already experienced delays on your path to parenthood, and you’re tired of waiting.

The average surrogacy wait time with American Surrogacy is 1-4 months.

Many agencies face longer wait times due to an imbalance of surrogates and intended parents, but we maintain balanced lists to ensure surrogates are available when you’re ready.

Our extensive marketing and networking efforts help us find the best, pre-screened surrogates quickly, reducing delays and helping you hold your baby in your arms sooner. Here’s how it works:

Step 1: Schedule a Free Consultation

Fill out our form today to start the process with American Surrogacy. A specialist will be in contact with you to learn more about your family building journey explain the surrogacy process and answer your questions about finding a surrogate.

We’ll help you create an intended parent profile and discuss your preferences, including location, medical history, and personal compatibility.

Step 2: Find the Perfect Match

Because of our extensive marketing and advertising, we have surrogates who are ready and excited to help you become parents.

When women apply, they’re thoroughly screened with background checks and health assessments ensuring they’re a good fit.

Step 3: Get to Know Your Surrogate and Complete a Surrogacy Contract

Once you’ve found the perfect fit, you’ll be able to build a connection and get ready for the exciting journey ahead. Your surrogacy specialist will guide you through drafting a surrogacy contract, making sure every important detail is covered.

In this contract, you’ll come to an agreement about some of the most important steps of the process, like “What if” scenarios, risks, responsibilities, social roles and finances.

We’re dedicated to helping you find a surrogate in your state or nationwide — whichever option works best for you. Contact us now to explore available surrogates near you.

3 Ways to Minimize Surrogacy Wait Times

If you need to find a surrogate now, here are some of the best ways to minimize delays:

1. Work With an Agency That Pre-Screens Surrogates

Some agencies don’t screen surrogates until after matching. With only 2% of potential surrogates passing surrogate screenings, agencies don’t thoroughly screen potential surrogates before matching, causing delays and repaying expensive fees.

At American Surrogacy, our surrogates are pre-screened and ready to match. This helps prevent delays caused by discovering a surrogate is unqualified after a match has been made.

Pre-screening also reduces the likelihood of having to go back and start the process over, saving you time and money.

2. Have Embryos Ready

If you already have embryos, you can match with a surrogate faster. We won’t finalize a match between a surrogate and intended parents until they have embryos so that neither party commits before there are embryos to transfer.

If you only have one embryo left, choosing surrogacy often provides a reliable path to parenthood with a carrier who meets the highest health standard guidelines set by the Assisted Society of Reproductive Medicine (ASRM).

We are one of the only agencies that work with intended parents who have just one embryo, so if you’re ready to take the next step forward, check out our one-embryo surrogacy programs.

3. Be Flexible With Surrogate Location

While it may seem more convenient to find a surrogate near you, it may slow down your overall surrogacy wait time.

Luckily, our surrogates are willing, ready and even excited to travel to you, meaning you don’t have to slow down your timeline if you don’t want to.

Being open to out-of-state surrogates can reduce your surrogacy wait time and increase the chances of finding the best fit.

Since we work with surrogates from across the country, sometimes it’s quicker to find a surrogate in another state who is ready to help you grow your family.

Fast Track Your Journey to Parenthood Now

Don’t wait any longer.  Our efficient, pre-screened process minimizes wait times and ensures a smooth transition to the next step.

Let us help you fast-track your path to parenthood with experienced surrogates. Fill out our form now to get started.

A Guide to Navigating Surrogacy Post Birth for Intended Parents

A surrogacy birth plan outlines important decisions for the delivery and post-birth process, including choices like delayed cord clamping, newborn care, and legal steps for parentage. By understanding these options, you can ensure a smoother transition and a more personalized experience after the birth of your baby.

Welcoming your baby into the world is one of the most exciting milestones of your surrogacy journey.

As an intended parent, you have an important role in shaping your hospital experience, and having a surrogacy birth plan ensures that everything goes as smoothly as possible.

In this guide, we’ll walk you through exactly what to include in your surrogacy birth plan, what to expect from surrogacy post birth, and how to prepare for your hospital stay.

If you’re in the beginning stages of exploring surrogacy or are curious about starting the process, fill out our short and simple form.

What is a Surrogacy Birth Plan?

A surrogacy birth plan is a written document that outlines how you want your baby’s delivery to go.

This plan ensures that everyone—doctors, nurses, and the surrogate—is on the same page, creating a smooth, stress-free surrogacy post birth experience.

While it helps guide the process, flexibility is key in case unexpected situations arise.

What Should I Include in The Surrogacy Birth Plan as an Intended Parent?

Your surrogacy post birth plan should include details and requests before birth, during labor and post-birth. Below are a few things to keep in mind:

  • Who will be present during birth? If a C-section is needed, who will be in the room?
  • What birthing methods and positions will be used during delivery?
  • Are photos, videos or social media posts allowed for delivery?
  • Is there a certain environment you want to create? Some parents want music playing when their baby is born.
  • Who will hold the baby first and does immediate skin-to-skin contact matter to you?
  • Are you comfortable with birth interventions like forceps or extraction by vacuum?
  • What type of birth will this be?
  • Do you want delayed cord clamping?
  • What medications would you like administered to your baby after birth? Examples include Erythromycin eye ointment, vitamin K shots, Hepatitis B vaccine etc.

Learn more about what to expect at the hospital as an intended parent.

What Happens After a Surrogate Gives Birth?

Once the surrogate has given birth, depending on what was discussed in your surrogacy post birth plan, you’ll have a chance to have skin-to-skin contact with your baby.

This is the time where you’ll begin to form a bond with your baby as your surrogacy journey comes full circle.

Paperwork is often one of the next steps of surrogacy post birth and often includes a pre-birth or post-birth order depending on your state.

A pre-birth order allows you to establish parentage before your child is born while a post-birth order requires you to wait until 3-5 days after your baby is born. These laws help protect your legal parentage in surrogacy and will be discussed in detail with your surrogacy attorney well before delivery.

These orders must be filled out and help the hospital process move smoothly by:

  • Requiring you to be listed on the child’s birth certificate
  • Allowing you to make medical decisions for your baby
  • Helping resolve insurance coverage issues
  • Allowing your baby to be discharged from the hospital

Newborn Medical Care & Hospital Discharge

Once your baby is born, the medical staff will take care of the necessary procedures, such as checking your baby’s vitals and administering any recommended vaccinations.

 In some cases, your baby may need to stay in the hospital for monitoring, especially if there are complications or if your baby was born prematurely. Your hospital stay could be within one of these average time frames:

  • Vaginal Birth: Typically 24-48 hours in the hospital.
  • C-Section Birth: Typically 48-72 hours for recovery.
  • NICU Stay: If your baby needs extra medical support, hospital stays may extend for days or weeks.

When everything goes smoothly, and after the necessary medical checks, your baby will be ready for discharge. Your newborn’s hospital discharge is an important step in your surrogacy post birth process, as it marks the beginning of your life together.

Working with your surrogacy specialist ahead of time ensures a smooth hospital discharge, allowing you to take your baby home as soon as possible.

What Should be Included in an Intended Parents Hospital Bag?

Whether you’re gearing up for delivery or are at the beginning stages of your surrogacy journey, here are some of the basics of what you should include in your hospital bag as an intended parent:

Paperwork for Surrogacy Post Birth Procedures

Your surrogate should be bringing some of the same information but it doesn’t hurt to pack your own documentation just in case. Make sure you have:

  • Your insurance cards for the baby
  • Your surrogacy contract
  • Your pre-birth order (if applicable)
  • Check to pay for birth certificate (if applicable)

Your surrogacy specialist will work with you to coordinate with your surrogate’s preferred hospital and will make sure the hospital is prepared for a surrogacy birth ahead of time.

Something to Keep You Busy

Although you’re most likely going to be actively involved in supporting your surrogate during labor depending on what was outlined in your contract and birth plan, there also may be a lot of waiting during your hospital stay.

Having something to keep you busy can help relieve some anxiety as you wait for the arrival of your child.

Below are some things you can pack to keep yourself occupied:

  • A book/kindle/IPad
  • Headphones
  • Snacks (depending on the snack you may have to indulge outside the delivery room in case your surrogate may be sensitive to smells while in labor)
  • Charger

Clothes and Toiletries

Labor and delivery can last about 8 hours but can vary widely. You’ll also need to plan to stay at the hospital so your baby can be monitored.

The surrogate may be discharged before you if everything goes smoothly so you may need to plan for a few days stay.

Here are some essentials to consider:

  • A few sets of clothes that you can sleep in, lighter layers since some hospitals can run warm or chilly.
  • Overnight clothes and supplies, as a 24 hour post-birth observation is often required by most hospitals.
  • A shirt or sweater that buttons in the front for skin-to-skin contact.
  • Toothbrush and toothpaste
  • Hairbrush
  • Prescriptions
  • Contacts and glasses

For Baby

Although the hospital will have plenty of newborn basics, some things you should pack for your baby include:

  • A weather appropriate going home outfit in a couple of sizes
  • Blankets
  • Burp cloths
  • Velcro fleece baby booties
  • Two or three comfy onesies for sleeping, short and long sleeve
  • A soft toy
  • Pacifiers
  • A Boppy for feedings
  • Approved baby car seat
  • A hat
  • Diapers and wipes
  • Bottles, formula and whatever supplies you need to transport breastmilk (if applicable)

Communication With Your Surrogate Post Birth

Once your baby is born and you’ve settled into your new routine, your surrogate is likely recovering from the physical demand that comes with labor.

Depending on your relationship with her, you could check in on her to see how she’s doing. She won’t be feeling 100% as she recovers but this is a good opportunity to bring some closure to your journey together by expressing gratitude, offer a small gift that represents your journey or just a simple text to check in.

Your relationship with your surrogate might change as both of you transition into your new roles as parents and people.

Your surrogacy post birth relationship will depend on the bond you’ve built during the pregnancy, and it’s important to maintain clear, kind communication as you both move forward in your journeys.

Get Started

By addressing your surrogacy birth plan well in advance, you can ensure that your baby’s birth is as smooth and stress-free as possible.

It’s time to turn your surrogacy plans into action. Fill out our form today to learn more about the decisions you get to make about your baby’s birth and surrogacy post birth details.

Understanding the surrogacy post birth process, from paperwork to hospital discharge and beyond,  can help you confidently navigate this final step of your surrogacy journey.

Lily Collins’ Surrogacy Story: “Words Will Never Express Our Endless Gratitude”

Lily Collins and Charlie McDowell embraced surrogacy to grow their family. Learn how a surrogate can make your dreams of parenthood possible.

Emily in Paris actress, Lily Collins and Windfall director, Charlie McDowell welcomed their daughter, Tove Jane McDowell on January 31st 2025.

In a caption for the Instagram post introducing their newborn, Lily revealed that they used surrogacy to grow their family, expressing gratitude for their surrogate.

“Welcome to the center of our world Tove Jane McDowell. Words will never express our endless gratitude for our incredible surrogate…”

Surrogacy isn’t just for celebrities. It’s a viable and loving option for any couple or individual facing fertility challenges, medical conditions or personal circumstances that make pregnancy difficult or impossible.

Whether you’re just starting to explore your options or ready to take the next step, we’re here to offer the support and expertise you need. Reach out today to learn more about how we can help you turn your dream of parenthood into a reality.

Surrogacy Beyond Celebrity

While high-profile figures like Lily Collins and Charlie McDowell may bring attention to the process, surrogacy is a path to parenthood for:

  • Couples who struggle with infertility
  • Women who can’t carry a pregnancy for health reasons
  • Single individuals
  • LGBT+ couples looking to have biological children

The surrogacy process is available to people from all walks of life, and with the right support, it can be a beautiful and fulfilling journey to create a family.

Finding a Surrogate in 5 Steps

Finding the right surrogate  can be quick and easy with the right professional. We are here to guide you through the entire process.  Here’s how it works:

  1. Contact us: Speak with a surrogacy specialist and discuss your goals and preferences to identify your ideal surrogate.
  2. Create an intended parent profile: Once we understand your needs, we’ll help you create an intended parent profile, which will outline your goals, preferences and expectations for the surrogacy process. If you have embryos created, we can match you quickly.
  3. Profile review: Your surrogacy specialist will provide you with potential surrogate profiles tailored to your preferences. These profiles include details about the surrogate’s medical history, lifestyle, motivations for becoming a surrogate and more.
  4. Get to know your surrogate: Once you’ve found a surrogate you’re interested in, a Zoom call will be scheduled. This allows both parties to connect, discuss expectations and decide if you’re comfortable moving forward together.
  5. Finalize the match: If both you and the surrogate agree that it’s a good match, the agreement is finalized.

Every surrogate you view has been screened and is highly qualified to help make your dream of parenthood a reality.

Learn more about how our screening process protects you and helps you become parents quicker.

Navigating Surrogacy: How an Agency Can Help You Grow Your Family

Surrogacy has become an option for many families to realize their dreams of having children, signaling a significant shift in the way society views surrogacy. As with anything that is still relatively new, there are still some misconceptions.

McDowell released a statement addressing those who responded to their exciting news:

Thank you for all the kind messages and love. We are overjoyed and very grateful,” he said. “In regards to the unkind messages about surrogacy and our path to having a baby— it’s ok to not be an expert on surrogacy. It’s ok to not know why someone might need a surrogate to have a child.

It’s perfectly natural not to have all the answers, but that’s exactly why working with surrogacy professionals can make all the difference.

With our agency, no question is too small, and you don’t have to be an expert. We’re here to help you every step of the way, so you can focus on the excitement of growing your family.

Parenthood is Possible for You

Lily Collins and Charlie McDowell’s decision to build their family through surrogacy is a beautiful reminder of the many ways families can be created.

If you are considering surrogacy as a way to grow your family, don’t hesitate to reach out. Together, we can turn your vision of parenthood into a reality.

 Fill out our simple form today to get answers to your questions or begin your journey.

Is Surrogate Money Taxed?

You may have questions about how taxes come into play with your surrogate income. In this article, we break down whether or not your surrogate compensation will be taxed.

While surrogacy can create a worthwhile income for many surrogates, you might be wondering how this income relates to an income from a 9 to 5 when tax season approaches.

To get personalized support with being a surrogate and taxes, fill out our online form today.

Returning surrogate? To help another family begin their parenthood journey, contact us through the form above.

So, do surrogates get taxed? The answer depends on your situation.

Does Surrogate Pay Get Taxed?

Some agencies or escrow services may send you a 1099 form, which would mean you’d be required to file your surrogacy income. You won’t have any taxes taken out of the income you receive from being a surrogate mother.

Which means, you will have to set aside some money or find other resources to pay the taxes on it. Your surrogacy specialist and surrogacy attorney will help you find any resources to ensure you are filing your taxes correctly.

However, you may not receive a 1099 form, which is also somewhat common. A good surrogacy lawyer should include a clause about the taxes of surrogate income in your surrogacy contract. It should include who is responsible for paying the taxes that a surrogate may or may not incur on their surrogate compensation.

You should have a conversation about how your income will be taxed and how to handle it come tax season with your attorney so you can be well prepared.

Follow us on Instagram to stay up to date on the latest news surrounding surrogate compensation, insight from surrogates and intended parents and more.

How Does Surrogate Income Get Exempt?

  • Gift – You may be able to avoid taxes by claiming the income as a gift from the intended parents. This is the most common way to make your surrogate income tax-exempt.
  • Pain and Suffering – Surrogacy doesn’t exactly meet the list of excludable injuries listed in Sec 104 of the Internal Revenue Code that describes qualified non-taxable incomes due to pain and suffering. However, some tax professionals may recommend this route. This isn’t the most common way to make your surrogate income tax-exempt., and is not recommended.
  • Pre-Birth Child Support – Since child support is tax-exempt, filing your surrogacy income as pre-birth child support can help you avoid tax liability. Again, this is not common, and professionals are not sure how this would hold up in court.

Talk With a Tax Specialist

You should always talk with a professional in the industry when it comes to sorting out your taxes. While your surrogate income is yours to spend how you wish, it’s important to be aware of how the IRS will view your income.

Talking with your accountant, a tax specialist or your surrogacy attorney is a good idea before making any major purchases with the income.

In most cases, your surrogacy attorney will be able to assist you through this process. They will also generally be able to find a reason to prevent you from needing to pay taxes on the compensation.

If you have more questions about your gestational surrogate compensation and taxes, fill out our online form or contact us today at 1-800-875-2229 (BABY).

Disclaimer: The information in this article should not be taken as financial or legal advice. Please contact a tax lawyer for information on tax laws in your state.