Surrogacy and state laws shape how families arrange carrier pregnancies.

U.S. clinics reported more than 11,500 gestational carrier cycles in 2023, a large increase since 2004. State laws differ on compensation, legal parentage, and genetic surrogacy, which can affect arrangements across state lines.

Surrogacy is becoming more common in the United States. U.S. clinics reported more than 11,500 gestational carrier cycles in 2023, nearly seven times the number recorded in 2004 when tracking began. Gestational surrogacy typically uses in vitro fertilization with an embryo from a donor or the intended mother's egg, and the woman who carries the pregnancy is called a gestational carrier. It is an option for people who want biological children but cannot or should not carry a pregnancy themselves. Key legal differences: - States vary on how a surrogate may be compensated, including whether payment beyond reimbursement is allowed. - States differ on who is recognized as the legal parents of a child born via surrogacy. - Some states allow genetic surrogacy (when the surrogate uses her own egg), while others restrict or prohibit it. - According to Surrogacy 360, Arkansas allows enforceable gestational and genetic surrogacy contracts but limits which intended parents can enter such agreements. - Arkansas law does not address whether a surrogate may be paid beyond reimbursement for expenses, and it generally requires intended parents to be married with the intended father as the genetic parent for an enforceable contract. - Surrogacy agreements often occur across state lines, so more than one state's laws can be relevant to a single arrangement. Summary: The rise in gestational carrier cycles has brought more families into a legal landscape that varies widely by state. Undetermined at this time.