Surrogacy for Non-Citizens Living in the U.S.

Your Questions Answered

If you’re a non-U.S. citizen residing in the U.S. and exploring family-building options, the great news is that surrogacy is available to many non-citizens living in the country.

To speak with a professional about what a surrogacy journey could look like in your situation, fill out our contact form now.

Whether you’re concerned about legal protections, finding a qualified surrogate or the overall cost of surrogacy, understanding the differences between U.S. and international surrogacy agencies is crucial to making the right decision for your family.

Should I Work With a U.S. Agency or an Agency in My Home Country?

One of the biggest decisions for intended parents pursuing surrogacy is whether to work with a U.S. agency or one based in their home country. This choice can significantly impact your surrogacy journey, from legal considerations to surrogate availability and overall costs.

U.S. vs. International Surrogacy Agencies

Surrogacy in the U.S. offers unique advantages for international intended parents, such as strong legal protections for all parties involved and a large pool of highly qualified surrogates. American agencies typically offer structured programs that ensure your legal and financial interests are safeguarded throughout the process.

Additionally, surrogates in the U.S. have much stronger legal protections than in other countries. Working with a U.S. surrogacy agency ensures your carrier will be treated with respect and supported throughout the journey.

On the other hand, working with an agency in your home country might provide the convenience of proximity, cultural understanding and easier travel arrangements. However, not all countries allow compensated surrogacy and in some countries, surrogacy is heavily restricted or banned altogether.

Is Surrogacy Possible for Immigrants in the U.S.? [What to Consider]

Home Country’s Surrogacy Laws

Each country has different regulations regarding surrogacy. Some bar the practice, while others allow it under specific circumstances. Make sure to review your home country’s laws before beginning the surrogacy process, especially if you plan to return home with your child.

U.S. Visa Status

Immigration status is a significant factor in surrogacy. Permanent residents or green card holders generally have fewer barriers, while those on temporary visas may need to consider whether their visa will cover the full length of the surrogacy journey.

U.S. Birthright Citizenship Laws

Children born in the U.S. typically receive citizenship by birthright, regardless of the parents’ nationality. However, children born through surrogacy abroad may not automatically be granted U.S. citizenship, depending on various factors.

Long-Term Plans in the U.S.

If you plan to stay in the U.S. long-term, completing the surrogacy process domestically may help avoid complications with international surrogacy laws. Children born in the U.S. will usually be granted U.S. citizenship, which can simplify future legal matters.

How International Laws Impact Surrogacy

Your visa type may affect your ability to remain in the U.S. throughout the surrogacy process. Before beginning the process, you’ll need to consider how your visa’s expiration date or renewal status could impact your timeline for surrogacy.

Some countries also have restrictions or additional requirements for their citizens who participate in surrogacy, even if the process occurs in a different country. Understanding these regulations before starting the process is essential, particularly if you plan to return to your home country with your child.

FAQs About Surrogacy for Immigrants in the U.S.

How Much Does Surrogacy Cost for Non-U.S. Citizens?

Surrogacy costs in the U.S. typically range from $100,000-$200,000+. This includes expenses such as surrogate compensation, medical fees, legal fees and agency services. U.S. agencies often offer matching services to help intended parents connect with surrogates. Knowing that surrogacy is an investment, the best agencies protect your budget by offering financial protection.

How Does U.S. Citizenship Apply to Children Born via Surrogacy?

Children born in the U.S. typically receive U.S. citizenship by birth. For children born abroad, citizenship is not always automatic, and legal steps may be required.

Can immigrants find surrogates in the U.S.?

 Yes, immigrants can work with surrogacy agencies to find surrogates in the U.S. Agencies often have thorough pre-screening and matching processes to ensure intended parents are paired with surrogates who are emotionally and physically prepared for the journey ahead.

What are the Requirements for Surrogacy in the U.S.?

Non-U.S. citizens pursuing surrogacy in the United States must their home country’s laws permit surrogacy arrangements and recognize the legal parental rights of intended parents through surrogacy. Immigration laws also play a role, as visa status must allow for frequent or extended travel to the U.S. for medical appointments and the birth of the child.

Also, intended parents must choose a surrogacy-friendly state within the U.S., as surrogacy laws vary by state.

Next Steps

While surrogacy through a U.S. agency as an international intended parent comes with challenges, the legal security, surrogate screening processes and high standard of medical care make it a great choice for some non-U.S. citizens.

If you’re considering international surrogacy, starting with a reputable U.S. agency ensures that you’ll have expert guidance every step of the way. With the right preparation and legal support, this journey can lead to the family you’ve been dreaming of.

If you want to connect with a reputable surrogacy agency, speak with our specialists today!