Surrogacy for Single Parents

Thinking about becoming a single parent through gestational surrogacy? You’re not alone! More and more people are choosing to embark on this incredible journey, whether because of personal choice, medical reasons, or simply the deep desire to raise a child on their own. Surrogacy can be a rewarding path, but it is full of legal, financial, and emotional considerations that you’ll want to consider before moving forward. In this week’s blog, we’ll break everything down in a straightforward way, so you can make informed decisions and move forward with confidence, knowing you’re not alone!

Understanding Surrogacy as a Single Parent

Surrogacy is when a woman (the surrogate) carries and gives birth to a baby for another person—the intended parent. For single parents, there are two main types of surrogacy to consider:

  1. Gestational Surrogacy – The most common option. The surrogate carries an embryo that was created using your genetic material (or a donor’s) via IVF. The surrogate has no genetic link to the baby.

  2. Traditional Surrogacy – Less common and legally complicated. The surrogate provides her own egg, making her the biological mother. This can lead to legal and emotional challenges, so it’s not typically recommended.

Gestational surrogacy is usually the best route for single parents, as it provides a clearer legal framework and minimizes complications around parental rights.

Legal Considerations for Single Parents Pursuing Surrogacy

Surrogacy Laws Vary by Location

Before diving in, you need to know the legal landscape where you live. Some states (and countries) are very surrogacy-friendly, while others have strict laws—or even outright bans. If your home state has restrictive laws, you might need to work with a surrogate in a more accommodating location.

Establishing Parental Rights

Single parents need to go through legal steps to ensure they’re officially recognized as their child’s parent. Depending on where you live, this could mean obtaining a pre-birth or post-birth parentage order. This legal document confirms that you—and only you—are the legal guardian of your baby, ensuring the surrogate has no parental claim.

The Surrogacy Agreement

A solid contract is essential. Your surrogacy agreement should outline:

  • Financial compensation for the surrogate

  • Medical decisions and responsibilities

  • Parental rights and obligations

  • What happens in case of unexpected situations (e.g., medical issues, contract breaches)

Working with a fertility lawyer ensures that your agreement is legally sound and protects everyone involved.

International Surrogacy

Some single parents explore surrogacy abroad due to lower costs or favorable laws. While this can be a good option, international surrogacy comes with added legal hurdles—like securing citizenship and legal parentage. Consulting an expert in international reproductive law is a must if you go this route.

Legal Considerations for Single Parents Pursuing Surrogacy

Finding the Right Surrogate

Choosing a surrogate is a major step. Most single parents work with surrogacy agencies that carefully screen and match surrogates based on medical history, personality, and compatibility. Some people also find surrogates independently, but this requires extra diligence.

Donor Considerations

If you need a sperm or egg donor, think carefully about the legal and emotional aspects. Will you choose an anonymous donor or someone you know? Will your child have the option to contact their donor in the future? Discuss these factors with a lawyer and a counselor to ensure you’re making the best choice for you and your future child.

The IVF Process

Surrogacy typically involves IVF, where an embryo is created and transferred to the surrogate’s uterus. You’ll need to work closely with a fertility clinic for embryo creation, genetic screening, and storage. This part of the journey can take time and require multiple attempts, so patience is key!

The Ethics of Surrogacy

Surrogacy comes with ethical considerations, especially regarding the surrogate’s autonomy, fair compensation, and the child’s future well-being. Choosing an ethical surrogacy program ensures that everyone involved is treated with care and respect.

Emotional and Social Considerations

Building a Support System

Raising a child solo is rewarding but challenging. Make sure you have a strong support network—family, friends, support groups, or even a therapist—to help you navigate the emotional ups and downs.

Talking to Your Child About Their Surrogacy Story

Your child will eventually ask questions about how they came into the world. Being open and honest—while keeping it age-appropriate—is the best approach. There are even children’s books about surrogacy that can help with these conversations.

Handling Other People's Opinions

Unfortunately, single parenthood via surrogacy may still raise eyebrows. Be prepared for curious (or even judgmental) questions. The key? Confidence in your choices. Your family is just as valid and loving as any other.

We're Here For You

Surrogacy as a single parent is a bold, beautiful choice—but it does require serious planning. From legal complexities to financial planning and emotional readiness, every step matters.

Working with a skilled fertility lawyer will ensure all the legal aspects are covered, while surrounding yourself with a strong support system will make the journey smoother and more joyful. With careful preparation, surrogacy can be an incredibly rewarding path to single parenthood.

No matter where you are on this journey, know that you’re not alone. If this is the right path for you, go for it—because every family begins with love, and yours is no exception!

Check Out Our Recent Blogs:

The Ethics of Embryo Donations

Embryo donation can be a complex and emotional topic, with ethical implications. Check out our blog where we discuss this here.

Fertility journeys entail important financial and legal considerations. This week’s blog discusses important things to keep in mind when preparing for your journey. Check out this week’s blog here.

Surrogacy agreements are one of the most important fertility law documents. This blog covers some of the key considerations to include in yours. Check out our blog here.

Ask Us.

Have questions about the legal process? Get in touch by entering your info below.

NYC Office:

1350 Broadway, Ste 1510

New York, NY 10018

212.378.3840

info@envisionyourfamily.com

White Plains Office:

50 Main St, Ste 935

White Plains, NY 10606

212.378.3840

info@envisionyourfamily.com

Disclaimer: The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site does not create an attorney-client relationship, and you should not act on any information here without consulting a qualified attorney. Laws and legal outcomes evolve – past results do not guarantee future success. External links may direct you to third-party sites; Douglas Fertility & Surrogacy Law Group, PLLC does not endorse or take responsibility for their content. All rights reserved.