Considering Surrogacy in the USA? What Intended Parents Should Know
The United States offers one of the most established options for surrogacy, but that doesn’t mean the process is simple. Laws vary by state, costs can change throughout a journey, and decisions involving contracts, insurance, escrow, and your professional team can have significant consequences.
In this episode of Your Fertility Story, SMARTPath Fertility International founder Maria Feekes sits down with reproductive attorney Melissa Brisman to talk about the realities of surrogacy in the USA and what intended parents should understand before getting started.
What You’ll Learn About Surrogacy in the USA
Maria and Melissa discuss some of the most important legal, financial, and practical considerations for intended parents, including:
Why location matters. Surrogacy law is handled at the state level, so the legal process can differ depending on where your surrogate lives and delivers.
What goes into a surrogacy contract. The agreement addresses far more than compensation. Legal and emotional considerations should be discussed before a pregnancy begins.
How escrow protects the journey. Melissa explains the role of independent escrow management and why financial safeguards matter.
Why insurance requires careful review. Intended parents need to understand potential coverage issues and financial risks before moving forward.
How to build the right surrogacy team. Experienced legal, medical, insurance, escrow, and surrogacy professionals each play an important role.
The conversation also looks at how surrogacy in the United States has evolved over the past decade and some of the mistakes intended parents can avoid by asking the right questions early.
Watch or Listen to the Full Conversation
If you’re considering surrogacy in the USA, this episode is an opportunity to hear directly from an attorney who has spent decades working in reproductive law.
Surrogacy in the USA: What Intended Parents Need to Know
Maria Feekes with reproductive attorney Melissa Brisman
About Melissa Brisman
Melissa Brisman is a reproductive law attorney who has spent decades helping intended parents navigate surrogacy, assisted reproduction, and fertility law. Her work has also included involvement in the development of modern surrogacy legislation.
Whether you are beginning your research or already comparing surrogacy programs, understanding the legal and financial framework before matching with a surrogate can help you make more informed decisions throughout your journey.
Considering surrogacy in the United States? SMARTPath Fertility International supports intended parents from the earliest planning stages through surrogate matching, medical coordination, legal arrangements, insurance review, and the journey to parenthood.
This episode provides general educational information and should not be considered individual legal advice. Surrogacy laws and procedures vary by state and individual circumstances.




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