Surrogacy in the USA

Surrogacy laws in North America vary widely from state to state.

It’s important to consider this before pursuing surrogacy in the USA. Connecticut, California, Delaware, Maine, Nevada, New Hampshire and the capital, Washington D.C all have favorable legislation and do not restrict or limit surrogacy to traditional family models.

This means that these states are a popular destination for parents who are restricted by the legislation in Ukraine, such as single parents, unmarried couples, same-sex couples and couples using a double donor.

ilaya have partnered with a leading surrogacy provider in California to help all Intended Parents create their families. Our partners are based in San Diego and have over 10 years’ experience in surrogacy and egg donation. Five years ago, they expanded their portfolio to offer international cross border programs with the aim of making the family building more affordable.

This program offers a unique approach to surrogacy in the USA, offering IPs the possibility to use own already formed embryos, carry out a new IVF cycle with own materials, or use either egg, sperm or double donors to form their future family. The clinic we work with is based in Mexico, which brings down the cost of US surrogacy, but the surrogate is a US citizen and gives birth in her own state in the US, which means the baby is automatically awarded an American passport.

Surrogacy in the USA for Gay Couple

The child’s legal parents are determined by a court order prior to the birth, and the names of both parents will appear on the birth certificate.

The US Surrogacy program timeline


Your journey starts here!

Ready to become parents? Your surrogacy journey probably started some time ago but now you are ready to take the next step to make it a reality. By contacting ilaya, you’ve already made a huge step towards realizing your dream.

USA Surrogacy


Surrogacy USA: Free Consultation

Free Consultation

So you’ve made up your mind and you’ve contacted our team. Our multilingual case managers will offer you advice, support and information about the program and put you in touch with our partners.


Start of the program

Once you have decided to start, we will draft the necessary paperwork in your language and prepare the contract with the agency. This initiates the next stage of the program which involves finding a surrogate and obtaining the authorization to ship bio-material (if required).

US Surrogacy


Surrogacy USA: Contract

Sign the contract with the surrogate

Once the surrogate has been selected, you will need to sign a contract with her to formalize the process.
There is no need to travel to the US at this stage – the contract can be signed in front of a notary public in the U.S embassy in your own country. However, you are welcome to travel to the US to meet your surrogate in person, if you wish.



In order to participate in any surrogacy arrangement using your own bio-material, you will need to undergo preliminary testing. This can be done in your own country. If you need to deposit material or carry out an IVF process, this will be done at the facilities in Mexico.
If you opt for the donor program, you would choose your donor at this stage. There are 3 donor databases available with many different phenotypes to suit IPs from all over the world.

Surrogacy in the USA


US Surrogacy


Once the IVF process is completed and the embryos are formed, your surrogate will be invited to the clinic for implantation and two weeks later a pregnancy test will be performed!



During the pregnancy, you will be kept up to date with medical appointments, ultrasounds and have regular contact with your surrogate. Nearer to the birth, you will arrange your trip to your surrogate’s home state in preparation for the new addition to your family!

Surrogacy USA


Surrogacy USA

Birth and passport

Following the birth of the baby, it takes approximately 10-18 to obtain the birth certificate and an additional 1-3 to obtain a passport. Babies born on US territory will be awarded an American passport but can apply for their parent’s citizenship once they return home. Parental rights for Intended Parents are granted via a court decision.

Advantages of Surrogacy in the USA

Surrogacy friendly states are hosts to many successful surrogacy programs each year.

Get in touch

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