First-time surrogates in Montana earn $40,000–$55,000 base compensation plus monthly allowances. See full breakdown below.
| Base Compensation | $40,000 – $55,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $47,000 – $73,000 |
| Base Compensation | $50,000 – $70,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $57,000 – $88,000 |
Montana has no surrogacy statute and no published Montana case law on surrogacy. The only adjacent provision, Mont. Code Ann. §40-6-106, addresses sperm-donor rights in physician-assisted insemination and says nothing about carriers or surrogacy agreements. Surrogacy proceeds here because nothing prohibits it — not because anything authorises it.
Pre-birth orders are granted in most scenarios, but the strength of the legal basis depends on genetic connection. Where at least one intended parent is genetically related, recognition is solid. Where neither is, the basis for establishing parentage is weak — still possible for married intended parents, but unreliable. Venue may be the county of birth or of a parent's residence, and venue-waiver motions are accepted.
No minimum age, no prior-birth requirement, no residency rule, no mandated evaluation, no insurance mandate. Montana does not require you to have independent counsel, does not oblige the intended parents to pay for it, and gives you no statutory right to make your own medical decisions or to withdraw before transfer.
Source: Mont. Code Ann. §40-6-106; no controlling surrogacy statute or case law.
The criteria below are agency screening standards, not state law. No statute here sets a minimum age, requires a prior birth, or mandates medical or psychological evaluation. Agencies apply these criteria (largely from ASRM practice guidance) and they determine whether your application proceeds — but they are policy, and some are negotiable.
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.
Montana has no surrogacy statute and no case law prohibiting it, so gestational surrogacy is practiced here by default. Nothing in state law sets requirements or protections, so your contract is your only protection.
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 Montana-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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