What disqualifies you from being a surrogate?

Common disqualifying factors include no prior births, active tobacco or nicotine use, currently receiving government financial assistance, three or more prior C-sections (at many agencies), a BMI over 32, certain mental health histories, and a felony criminal record.

How much do surrogates actually get paid?

In Pennsylvania, surrogates typically earn $57,000–$83,000 in total compensation for a full journey. This is paid in installments throughout the pregnancy, not as a lump sum or a salary.

Is there an age limit to become a surrogate?

Most agencies require surrogates to be between 21 and 40 years old, though some set the upper limit at 38. First-time surrogates are typically preferred to be under 35, since pregnancy risk rises with age.

How Much Do Surrogates Make in Pennsylvania (2026)

Compensation

Surrogate Compensation in Pennsylvania

Base Compensation	$50,000 – $65,000
Monthly Allowance	$3,000 – $6,000
Maternity Clothing	$1,000 – $2,000
Lost Wages	$3,000 – $10,000
Total Potential	$57,000 – $83,000

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

Estimated ranges based on average compensation in Pennsylvania. Actual compensation is determined by the agency. Sources: Industry surveys of 30+ agencies, 2024–2026 data.

Legal

Pennsylvania Surrogacy Laws

Pennsylvania has no surrogacy statute but is friendly in practice. In J.F. v. D.B. (Pa. Super. 2006) the Superior Court reversed a trial court that had declared surrogacy contracts contrary to public policy, and rejected the idea that a gestational carrier automatically retains legal parenthood. Compensated gestational surrogacy is lawful and routine; traditional surrogates cannot be paid.

County variation is significant

Pre-birth orders are county-dependent and results vary greatly by county and by the facts, particularly where donor gametes are involved. Venue may be your county of residence, the intended parents' county, or the county of birth — so where your attorney files genuinely matters to you.

Nothing in Pennsylvania law protects you

No minimum age, prior-birth requirement, residency rule, evaluation mandate or insurance requirement exists as law. Counsel is not statutorily required and no statute assigns who pays yours. As in Ohio, your entire protection is the contract you sign.

Pending legislation worth watching

A bill introduced in August 2025 would create a new chapter governing gestational carrier agreements, requiring criminal, child-abuse and sex-offender-registry clearances for adult household members — including out-of-state clearances for out-of-state carriers — and barring courts from entering parentage orders until compliance is verified. A separate effort to adopt the Uniform Parentage Act is also pending. Nothing has been enacted, but if you are matching in Pennsylvania, ask your attorney where these stand.

Your contract is the only floor. Because no statute sets minimum terms here, nothing in law guarantees you your own attorney, protects your right to decide on a caesarean or the number of embryos transferred, or lets you withdraw before transfer without penalty. In states with a statute those things are automatic; here they exist only if they are written into your agreement. Retain your own lawyer — not one referred by the agency — and have these terms negotiated in before you sign.

Source: J.F. v. D.B., 897 A.2d 1261 (Pa. Super. 2006).

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Requirements

Pennsylvania Surrogate Requirements

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.

Age: 21–40 years old

Have given birth to at least one healthy child

BMI under 32

Non-smoker

No disqualifying health conditions

U.S. citizen or permanent resident

Financially stable (not receiving government assistance)

Final eligibility is determined by the agency's medical team.

How to become a surrogate in Pennsylvania: full requirements & qualifications →

The Process

How Surrogacy Works in Pennsylvania

Apply

Complete application in 10–15 minutes. Agency contacts you within 48 hours.

Medical Screening

Physical exam, bloodwork, and uterine evaluation — paid for by the agency.

Match with Intended Parents

Review profiles and meet potential intended parents. You always have the right to say no.

Legal Contract

Surrogacy agreement reviewed by your own attorney, funded by the agency.

Embryo Transfer & Pregnancy

Monthly compensation begins immediately after transfer. All medical costs covered.

Delivery & Final Payment

Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.

See how surrogacy works, step by step →

FAQ

Surrogate FAQ: Pennsylvania

Is surrogacy legal in Pennsylvania?

Yes. Pennsylvania has no surrogacy statute, but appellate case law rejects the idea that surrogacy contracts are against public policy. Results vary greatly by county.

Do I have to live in Pennsylvania to be a surrogate here?

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.

Is surrogate pay taxable in Pennsylvania?

Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Pennsylvania-specific guidance.

How long does surrogacy take in Pennsylvania?

18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.

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