Surrogacy Requirements

There are several requirements for becoming a surrogate mother.

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Surrogate Qualifications and Requirements

There are several crucial requirements for surrogates. All surrogate mother requirements exist to protect everybody involved: the surrogate, the intended parents, and of course, the coming baby. Although some of these qualifications differ from state to state, agency to agency and between IVF clinics, most apply across the country.

All Surrogates Must:

  • Be between the ages of 21-45 (EC has a unique program for carriers between 39 and 45 years of age)

  • Have a BMI below 36 (EC has a unique program for carriers with a BMI between 30 and 36)

  • Have no more than 5 c-sections (EC has a unique program for GC’s with 3 or more c-sections)

  • Have no more than 8 deliveries (EC has a unique program for carriers with more than 6 deliveries)

  • Have given birth previously and currently live with their child

  • Not smoke or have any illicit drug use, nor have any history of illicit drug or alcohol dependence

  • Be financially stable and not receiving- section 8/HUD or welfare

  • Be a US citizen or Permanent Resident

  • Have a driver’s license and/or reliable transportation

  • Have no previous felonies (same goes for spouse/partner and any other adults living in the household)

  • Have no history of the following mental health diagnosis- schizophrenia, bipolar disorder, borderline personality disorder or major depressive disorder

  • Currently not on any medication unsafe for pregnancy, including medication for mental health issues (including anxiety or depression) and/or the ability to safely wean from the medication

Surrogacy Requirements: Medication

There are certain surrogacy requirements surrounding medication. Although some meds are fine for surrogates to take before and during their pregnancies, others will render them ineligible.

As we touched upon in the list above, women who are taking medications for mental health reasons will not be able to become a surrogate. Unfortunately, certain forms of birth control are also disqualifying factors. However, if you have an IUD or are taking birth control shots, we still encourage you to apply.

Surrogacy Requirements by State

Your surrogacy requirements might look different depending on where you live. Surrogacy itself is a state-by-state issue, and it is not currently legal everywhere.

(California, Connecticut, Washington D.C., Delaware, Maine, Nevada, New Hampshire, Rhode Island, New York, Washington)

In these states, gestational surrogacy is fully legal and enforceable. Here, pre-birth orders will be granted, and both parents will be on the birth certificate.

(Arizona, Idaho, Indiana, Alaska, Iowa, Mississippi, Montana, Nebraska, Tennessee, Virginia, Wyoming, Pennsylvania, Alabama, Arkansas, Colorado, Florida, Georgia, Hawaii, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Texas, Utah, Vermont, West Virginia, Wisconsin)

Though gestational surrogacy is legal in all of these states, some have pieces of intricate legislation. We recommend speaking to your coordinator for more information about your state.

(Louisiana and Michigan)

These states don’t allow surrogacy or have very limited options. Contracts also might not be enforced in these states. We don’t currently recommend surrogacy here.

We’re Here to Help!

Navigating surrogate mother requirements can be tricky, but that’s why we’re here. At Extraordinary Conceptions, we work closely with our surrogates and intended parents to create an intimate and supportive environment for everyone involved. Should you have any questions or concerns about whether you are eligible to become a surrogate, we are only a phone call away!

If you are ready to begin your application process, congratulations! Register here and our team will contact you shortly about your next steps. We are so excited to speak with you and help you along your journey.

How to Choose an Egg Donation and Surrogacy Agency
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