American Surrogacy: Why Couples Worldwide Travel to the USA to Have Their Baby


As more foreign couples set their sights on cross-border surrogacy programs, the US finds itself on the top of their to-do lists.

The main reason why international couples and American couples consider gestational surrogacy programs in the United States are generally the same. It’s the desire to have a family of their own, but not being medically able to do so. There are many different causes of infertility which affect couples worldwide.

Unfortunately, few of them have the ability to turn to their own countries for a surrogate. This is largely due to unfavorable surrogacy laws or restrictive legislation regarding filiation. But just what is it about US surrogacy that piques their interest, over several options that may be available closer to home? The answer can be found in the wide range of advantages and guarantees that certain US states provide. We list a few of them below…

Why Choose American Surrogacy?

American Surrogacy - US Capitol Building, Washington DC

Firstly, we need to understand that US laws work far differently than most other countries. Because the US rules nationally on the basis of a federal government, but also adheres to state-specific laws, couples and single people can recognize and choose the best city that will cover their needs in a surrogacy process. Meanwhile, they’ll also still benefit from certain national protections.

This is great news for families of every type and nationality. There are some more traditionally protective states, such as Florida or Illinois, or some more liberal states, such as California, Connecticut or Delaware, where having a child of your own is possible for same-sex couples or single parent households too.

In states with an explicit law around surrogacy, intended parents can secure a legally binding pre-birth order and surrogacy contract that will protect the interests of the parties involved.

Pre-Birth Order

Pre-birth orders are indispensable in a surrogacy program in the US. Specifically, the Pre-birth order serves to establish parental rights even before the child is born. These also serve to assign any rights, responsibilities, or obligations from the surrogate prior to the birth of the baby or babies.

Surrogacy Contract

Surrogacy agreements are vital whether the surrogacy arrangement is remunerated or altruistic. Specific roles, responsibilities, desires, and contingencies that may be encountered throughout the pregnancy are outlined in them. Any payments and their purpose are also detailed. Contractual surrogacy agreements are the best way to ensure that the intended parents, the future child, and the gestational carrier herself are all well cared for throughout the process.

One of the advantages of the tolerant legislation in some states of the US is the accessibility to professional legal experts in the matter. This makes it easy to find a solicitor that meets all legal standards and can offer you the exact protections that you need.

Best Interests for Your Surrogate and Your Baby

Consultation with US Surrogacy Doctor

Part of the exceptional regulation regarding surrogacy in these states is extended to the eligibility of parents and surrogates. American surrogacy agencies assess both the intended parents and the surrogate to ensure that they are mentally, physically, and emotionally ready for what a surrogacy contract will demand.

This also greatly reduces the likelihood of international parents being caught up in unethical practices. Due to the long history of surrogacy within the US, many agencies and programs are very familiar with the demand that is placed on both by the surrogate and the intended parents.

The aim is to achieve an ideal match and that the surrogate receives the best possible medical and legal protections that are offered, giving them the peace of mind that their child will develop in a safe and nurturing environment, by a woman who has chosen this position of her own free will.

Westernized healthcare is considered to be the best in the world, which means that both the baby and the surrogate will have access to excellent healthcare technology and facilities throughout the pregnancy. The US healthcare system is also regulated with harsher laws and practice guidelines than many other countries, so the level of care provided to your child and surrogate throughout the process will be protected legally.

Surrogacy for Everyone

American Surrogacy Birth Rights

The US also largely recognizes LGBTQ+ marriage and relationships. It’s therefore easier to find a state that encourages surrogates for these family types. Egg and sperm donation is also permitted in some places in the US, so it further removes obstacles that may otherwise be in the way of surrogacy programs for alternative family dynamics, such as same-sex couples, single parents, unwed partners, or married heterosexual couples.

Perhaps one of the most motivating factors for most international couples is that any child born in the US retains US citizenship, according to the birthright. So, if international parents wish it and their home country’s jurisdiction allows it, they could apply for dual citizenship for their newborn, allowing the child to benefit from rights and protections as any other American citizen throughout its life, while still retaining the rights and protections extended by their home country as well.

American culture is widely recognized and highly regarded throughout the world. It is a safe and accommodating country for people of all nationalities and orientations, making it easy for many international parents to navigate and enjoy throughout the surrogacy process. While surrogacy programs in the US are generally more costly than other programs abroad, the protections, benefits, and care intended parents receive make the price tag worth it.