First-time surrogates in Delaware earn $60,000–$80,000 base compensation plus monthly allowances. See full breakdown below.
| Base Compensation | $60,000 – $80,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $67,000 – $98,000 |
| Base Compensation | $70,000 – $95,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $77,000 – $113,000 |
Delaware has an express framework — the Gestational Carrier Agreement Act, 13 Del. C. ch. 8, subch. VIII — authorising compensation and making compliant agreements enforceable. It is strong on money and weaker on bodily autonomy, and it is worth understanding which is which.
Delaware requires compensation to be placed with an independent escrow agent before you begin any medical procedure beyond your evaluations. That is a genuine statutory protection most states do not give you.
§8-810 requires you to be 21 or older, to have given birth to at least one child, to complete a medical evaluation and a mental health evaluation, to have independent counsel licensed in Delaware, and to carry health insurance for major medical and hospitalisation through the pregnancy plus eight weeks postpartum. There is no residency requirement.
The intended parents must pay for your counsel “if requested by the gestational carrier.” That condition matters: unlike Connecticut and Hawaii, where payment is automatic, in Delaware you have to ask. Ask in writing, early.
Delaware renumbered this subchapter in 2026 (SB 250). Eligibility is now §8-810; older sources citing §8-806 for eligibility are out of date.
Source: 13 Del. C. ch. 8, subch. VIII.
Most of these are Delaware law, not agency preference. 13 Del. C. §8-810 requires that you be 21 or older, have given birth to at least one child, complete medical and mental health evaluations, have a Delaware-licensed attorney of your own, and carry health insurance through the pregnancy plus eight weeks postpartum.
Final eligibility is determined by the agency's medical team.
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
Yes. Delaware's Gestational Carrier Agreement Act authorizes compensation and requires it be placed in independent escrow before you begin any medical procedure. Its medical-autonomy protections are weak.
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Delaware-specific guidance.
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
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