Tag: United States

Surrogacy and U.S. state laws: a recent case

Texas Supreme Court rules baby delivered by surrogate can leave Texas

Texas Tribune | September 18, 2026

McKenna West traveled from Alaska to Texas to give birth as part of a surrogacy arrangement after the intended parents had asked her to terminate the pregnancy due to the fetus being diagnosed with a potentially fatal heart condition. West sought custody of the child and wanted the court to block the intended parents from taking the medically fragile infant to their home state of California for further medical care. The Texas Supreme Court denied her request.

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Supreme Court Order Gives Parents Custody of Baby in Surrogacy Fight

The New York Times | September 11, 2026

West then appealed the decision to the U.S. Supreme Court, which declined to hear the case, effectively leaving the Texas Supreme Court’s decision in place.

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Multistate controversy highlights gray areas around surrogacy, bioethics expert says

KERA | August 17, 2026

Bioethics experts suggest the case shows that many “grey areas” remain in surrogacy arrangements in the United States. This is due to a patchwork of regulation in different states and vague laws that judges, attorneys general, and lawyers interpret differently. Lawmakers could improve the situation for future cases by making clearer legislation to address “big questions” raised by surrogacy.

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Lena Dunham had a baby through surrogacy. This is the emotional reality for women who carry other people’s children

The Independent | September 17, 2026

High-profile cases of celebrities having children via surrogacy have generated critiques of surrogacy as “a luxury option for the rich.” Behind well-publicized cases are more complex debates about surrogacy – whether surrogates should be compensated and how much, how to properly regulate surrogacy, and how to structure contracts. Talking to surrogates themselves reveals a variety of experiences, including religious values, the high percentage of surrogates whose husbands are in the military, and the emotional effects of surrogacy.

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“Who do we hand the baby to?” Loopholes and shady practices taint U.S. surrogacy industry

CBS News | September 13, 2026

The U.S. does not have regulations in place to offer surrogates meaningful protections or to track domestic surrogacy births. Women report that they lack information – or receive false information – about the individuals or couples for whom they act as surrogates and that they receive less compensation than advertised by agencies. 

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Rise in overseas surrogates ‘increases risk of stateless babies’

The Guardian | July 19, 2026

Transnational surrogacy arrangements are on the rise, but the increase also brings a rise in the number of children at risk of being “stateless.” Countries have different approaches to regulating surrogacy and parental recognition of children born from foreign surrogacy arrangements, and nations disagree about whether to ban or regulate surrogacy–both leaving an absence of global agreement on how to address surrogacy and the risks of statelessness.

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Why Mexico is at the heart of ethical debate over global surrogacy

The Guardian | July 19, 2026

Couples interested in surrogacy are increasingly choosing arrangements in Mexico, where surrogacy is largely unregulated and more affordable than surrogacy in the U.S. Feminist groups in Mexico raise concerns about exploitation of surrogates due to the lack of regulation, but they disagree about whether the practice should be banned or regulated.

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Texas lawmakers examine foreign use of Texas surrogates

USA Today | July 8, 2026

At the direction of the lieutenant governor, the Texas Senate Health and Human Services Committee is investigating foreign involvement in the state’s surrogacy industry. The Texas Republican party’s platform endorses a ban on compensated surrogacy for foreigners, citing concerns about foreigners obtaining US citizenship for their children via surrogacy. Critics – who note the small percentage of surrogacy cases involving foreigners in Texas – see the concern as a veiled attempt to further curtail access to reproductive technologies, including IVF, in the state.

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The Fate of Twenty-One Los Angeles Siblings

The New Yorker | May 11, 2026

The 21 children born via different surrogates for a Los Angeles couple have been placed in foster care. The court case regarding the parents’ alleged cruelty toward the children continues. The couple has since had 6 more children via surrogates in several states, all of whom have also been placed in foster care. The number of children involved in the case and their placement in the child welfare system raises questions about limited surrogacy regulations in the U.S.

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First person born through gestational surrogacy tells her story as she turns 40

NBC News | April 17, 2026

Jill Brand was the first person born through gestational surrogacy in Michigan in 1986. She and her mother talk about the process by which Jill was conceived and gestated. Jill’s parents also lobbied to change parentage laws in Michigan to accommodate surrogacy arrangements.

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Surrogacy in the United States: practices, costs, and regulations

Axios | March 29, 2026

Surrogacy goes more mainstream

Surrogacy is increasingly common in the U.S., although it still makes up a very small percentage of births in the U.S. overall. Ethical and legal complexities in the surrogacy process make it important to consider the experiences, rights, and needs of surrogates, intended parents, and children born via surrogacy. 

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Surrogacy laws are all over the map

Surrogacy laws vary widely by state in the U.S. Some states enforce surrogacy arrangements and have regulations about compensation and legal parentage, while others have no regulations at all. This article features CGS’ Surrogacy360’s map of US surrogacy regulation.

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The steep cost of surrogacy

Surrogacy remains very expensive in the U.S., ranging from $100K-250K to cover compensation for the surrogate along with medical, clinic, agency, and legal fees. Insurance coverage is limited, which makes the practice inaccessible for most people.

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Behind Commercial Surrogacy and Its Regulations in California

KQED | March 19, 2026

Recent cases of wealthy individuals and couples making surrogacy arrangements to have numerous children are an anomaly, but they highlight the need for more regulations to protect surrogates. A surrogate’s Bill of Rights has been proposed in California as a way to improve existing regulations in the state.

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