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Militta IVF Agency
Gold standard · Pre-birth orders

Surrogacy in the USA — unmatched legal certainty and a US-citizen baby.

Surrogacy-friendly states offer pre-birth orders naming both intended parents on the birth certificate and US citizenship at birth. Programs range from $135,000 to $210,000 depending on state, clinic and program structure.

Cost
$135,000 – $210,000
Timeline
18 – 24 months
Legal status
State statutes + case law
Best for
All family types
VLNK
Medically & legally reviewed
Reviewed by Valeria Levenets (Head of International Department, Militta) · Nana Katorcha (COO, Militta). Last updated April 2026.
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Senior US case manager, 24 h reply, confidential.

Your inquiry is confidential and reviewed by our case-manager team only. We never share your data with third parties.

The gold standard for surrogacy

The United States has been the world’s benchmark for surrogacy law and practice for more than three decades. A handful of surrogacy-friendly states — led by California — have developed an unmatched legal ecosystem: specialised attorneys, a deep pool of experienced surrogates, top-tier fertility clinics, and pre-birth orders that give intended parents the highest level of certainty available anywhere in the world.

Surrogacy-friendly US states

  • California — 30+ years of pro-surrogacy case law. Pre-birth orders for any family structure.
  • Nevada — statutory pre-birth orders, shorter matching timelines.
  • Colorado — Colorado Surrogacy Agreement Act (2022).
  • Illinois — Gestational Surrogacy Act (2005).
  • Connecticut, Washington, Oregon, New Jersey, Maine, New Hampshire — explicit statutory frameworks.

Who qualifies

  • Married and unmarried heterosexual couples.
  • Same-sex couples.
  • Single intended parents.
  • International clients of any nationality.

The US surrogacy process

  1. Free consultation with Militta. State selection, clinic preferences, program design.
  2. Agency and clinic matching. We work with vetted US surrogacy agencies and top IVF clinics.
  3. Medical screening and IVF. Travel for initial screening and embryo creation.
  4. Surrogate matching (3–8 months). Pre-screened surrogate, psychological and medical clearance, background check.
  5. Legal contracts and escrow. Dual legal representation, notarised agreement, insurance set-up, escrow funded.
  6. Embryo transfer and pregnancy. Weekly updates, monthly medical reports.
  7. Pre-birth order. Attorney files petition; judge issues order naming both intended parents.
  8. Birth and exit. Birth certificate with intended parents’ names, US passport or travel document, return home.

Costs of surrogacy in the USA in 2026

ProgramTotalWhat is included
Standard (non-CA)$135,000 – $160,000IVF + 1 embryo transfer, surrogate compensation and benefits, agency fees, legal representation, insurance, escrow, delivery.
California premium$165,000 – $190,000California pre-birth order program with experienced agency and clinic, full insurance, comprehensive benefits.
Premium VIP$195,000 – $210,000+California program + donor eggs, PGT-A, extended insurance, concierge coordination, multiple embryo transfers.

Why choose the USA

  • Highest legal certainty in the world.
  • Pre-birth orders naming both intended parents directly.
  • US citizenship for the child at birth.
  • Unmatched IVF technology and clinical outcomes.
  • Welcoming to all family structures.

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United States · Legal status: stable as of the review date
This page is informational and does not constitute legal or medical advice. Surrogacy and IVF laws change. Militta always confirms the current legal framework with local counsel before onboarding a case — please do the same via a free consultation.
Last reviewed by the Militta team: April 2026. For the authoritative answer for your personal situation, book a free call.
FAQ

Surrogacy in the USA — frequently asked questions

The questions intended parents ask us most often. Can't find yours? Reach out — we reply in under 24 hours.

Surrogacy is regulated state by state. Several US states — including California, Nevada, Colorado, Illinois, Connecticut, Washington, Oregon, New Jersey, Maine and New Hampshire — have explicit pro-surrogacy statutes that allow pre-birth orders, meaning that intended parents are recognised as the child’s legal parents before delivery.

Married and unmarried heterosexual couples, same-sex couples and single intended parents from any country are accepted in surrogacy-friendly US states. The USA is the most inclusive jurisdiction globally in terms of family-structure eligibility.

US programs range from approximately $135,000 for leaner packages in more affordable states to $210,000 or more for premium California programs with donor gametes and guaranteed-baby structures. The headline cost includes IVF, surrogate compensation and benefits, legal, agency, insurance, escrow and delivery.

Three drivers: surrogate compensation is significantly higher ($50,000–$80,000+ per surrogate journey), medical costs are the highest in the world, and US programs typically carry dual legal representation plus comprehensive insurance. In exchange, intended parents receive the highest level of legal certainty available anywhere.

California remains the gold standard, with decades of pro-surrogacy case law and pre-birth orders routinely granted for any family structure. Nevada, Colorado, Illinois and New Hampshire are also excellent. Militta recommends a state based on your specific legal, medical and logistical needs.

Yes. A child born in the USA acquires US citizenship at birth under the Fourteenth Amendment. For international intended parents, this can be a strategic advantage — or simply a desirable outcome. You process your home-country passport after return.

Plan 18 to 24 months: 4 to 8 months for surrogate matching and IVF, 9 months of pregnancy, and 2 to 4 weeks post-birth for documents. Surrogate availability in the USA can lengthen matching timelines compared with other jurisdictions.

No. International intended parents typically travel to the USA for the initial medical consultation, the embryo transfer window and the delivery. Everything else can be coordinated remotely by Militta.

In surrogacy-friendly US states, an attorney files a petition before delivery. A judge issues a pre-birth order declaring the intended parents as the legal parents of the unborn child. When the baby is born, the hospital directly issues a birth certificate in the intended parents’ names — no adoption required.

The USA offers the highest legal certainty and US citizenship for the child, but at roughly 2–3× the cost of Mexico or Colombia. For families where legal certainty is paramount, or where US citizenship is strategically valuable, the USA is the natural choice. For families prioritising cost and comparable inclusivity, Mexico or Colombia are strong alternatives.

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  • Dedicated case manager assigned from the first call.
  • Clinic vetting, legal review and escrow guidance.
  • English, Spanish and Russian support 24/7.
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