Plain-language definitions for terms used throughout the site — grouped by legal, process, and financial topics.
The ICPC is an agreement between states that can require approval before a child born via surrogacy travels across state lines with intended parents, typically in situations resembling an adoption placement. States that establish parentage by court order (rather than adoption) generally don't require ICPC processing.
In gestational surrogacy, an embryo created using the intended parent(s)' egg/sperm or donor egg/sperm is transferred into the surrogate's uterus. Because she has no genetic link to the child, this is the most common and most legally protected form of surrogacy today.
Intended parents are the individuals — single, married, or unmarried partners, regardless of sexual orientation — who intend to become the legal parents of the child born through the surrogacy arrangement, whether or not they're genetically related to the baby.
Some states require parentage to be established after birth rather than before, sometimes through a simplified court process, sometimes requiring a step closer to adoption. This affects how the birth certificate is issued and how soon it lists the intended parents.
In states that allow this, a judge approves the intended parent(s) as the child's legal parent(s) before delivery. Once granted, hospitals and vital records offices can list the intended parents directly on the original birth certificate, with no adoption step needed afterward.
Traditional surrogacy uses the surrogate's own egg, so she's genetically related to the baby. It's legal in most places but generally falls outside the specific statutory protections built for gestational arrangements, so it usually involves more legal complexity.
This is the step where a previously created embryo — from the intended parent(s)' egg/sperm, a donor's, or a combination — is transferred into the surrogate's uterus in hopes of achieving pregnancy.
This agreement outlines compensation, medical decisions, expectations, and each party's rights and responsibilities. Most states require it to be signed before medical procedures begin and require each party to have their own separate attorney.
Matching can happen through an agency, independently (e.g., through personal networks or online groups), or through a combination of both. It's the first step before screening and legal agreements begin.
Screening typically includes a medical evaluation (confirming the surrogate is a good candidate for pregnancy) and a psychological evaluation (assessing readiness and understanding of the emotional aspects of surrogacy). Most clinics and agencies require this before moving forward.
If you use an agency, its fees typically cover matching, coordination, support services, and guidance through the process, and are separate from the surrogate's own compensation, medical costs, and legal fees.
Some states only allow "altruistic" surrogacy, meaning the surrogate can be reimbursed for medical and related expenses but not paid beyond that. Other states allow compensated surrogacy, where she can be paid for her time and effort, not just reimbursed.
An escrow account, managed by a neutral third party, holds the intended parents' funds and disburses payments to the surrogate according to the terms of the agreement — covering things like monthly compensation, medical expense reimbursement, and other agreed costs.
