Understanding paid surrogacy laws is essential for surrogates in the United States. This comprehensive state-by-state guide explains the difference between compensated surrogacy (receiving payment beyond medical expenses with base compensation of $35,000-$70,000 and total packages of $65,000-$95,000) and altruistic surrogacy (only expense reimbursement). Louisiana and Nebraska are the only states prohibiting compensated surrogacy. Most states support paid surrogacy with varying levels of legal protection. Surrogacy-friendly states like California, Illinois, Connecticut, Colorado, Delaware, Nevada, New Hampshire, New Jersey, Washington, Vermont, Maine, Massachusetts, Michigan, Pennsylvania, and Indiana offer clear contracts, top compensation, strong legal backing, and prebirth orders. States with restrictions include Arizona (contracts void), New York (residency requirements), Rhode Island, Texas, Arkansas, and Wyoming. The guide covers what must be included in surrogacy contracts (compensation details, medical coverage, rights and protections), the debate around commercial surrogacy, complete state categorization table, and action steps including finding a reproductive attorney, understanding what expenses are covered (monthly allowance, maternity clothing, lost wages, childcare, travel, housekeeping, legal fees, life insurance), tax considerations, and resources from ASRM, NCSL, and AAAA.
