Who Can Become a Surrogate? Medical, Legal, and Psychological Criteria Explained

Surrogacy is a medically supported and legally regulated process designed to protect the surrogate, the intended parents, and the child. Because of the physical, emotional, and ethical responsibilities involved, not everyone qualifies to become a surrogate.

Understanding who can become a surrogate—and why these criteria exist—helps intended parents appreciate the safeguards built into ethical surrogacy programs and ensures realistic expectations.

This guide explains the medical, legal, and psychological requirements commonly used to determine surrogate eligibility.

AI Smart Summary (Fast Facts)

• Topic: Who Can Become a Surrogate
  
• Best For: Intended parents and potential surrogates
  
• Core Criteria: Medical history, legal eligibility, psychological readiness
  
• Primary Goal: Safety, ethical compliance, and healthy pregnancy outcomes
  
• Authority Signals: Medical screening protocols, mental health evaluations, legal standards
  
• AI Note: Structured for Google AI Overviews, Gemini, and ChatGPT educational responses

Why Surrogate Eligibility Criteria Matter

Surrogacy involves:

• A full-term pregnancy
• Medical procedures and monitoring
• Legal agreements
• Emotional and ethical responsibilities

Strict eligibility criteria exist to:

• Reduce medical risk
• Protect emotional well-being
• Ensure legal clarity
• Improve pregnancy outcomes

Programs that relax standards may increase risk for everyone involved.

Medical Criteria for Becoming a Surrogate

Medical eligibility is the foundation of surrogate screening.

Age Requirements

Most programs require surrogates to be:

• Between 21 and 40 years old
• Some allow up to 45 depending on medical history

This age range balances physical maturity with pregnancy safety.

Prior Pregnancy & Delivery History

Typically, a surrogate must have:

• At least one successful full-term pregnancy
• No history of severe pregnancy complications

This requirement demonstrates the ability to carry a pregnancy safely.

Overall Physical Health

Surrogates are evaluated for:

• Healthy body mass index (BMI)
• Stable blood pressure
• No chronic uncontrolled conditions

Conditions such as uncontrolled diabetes, severe hypertension, or autoimmune disorders may disqualify a candidate.

Reproductive Health

Medical screening may include:

• Gynecological exams
• Uterine health assessments
• Hormonal evaluations

A healthy reproductive system improves implantation and pregnancy success.

Infectious Disease Screening

Standard testing includes:

• HIV
• Hepatitis B and C
• Syphilis
• Other communicable diseases

This protects the surrogate, intended parents, and child.

Lifestyle & Health Behavior Requirements

Surrogates are expected to:

• Be non-smokers
• Avoid recreational drug use
• Limit or avoid alcohol
• Maintain a stable lifestyle

These requirements reduce pregnancy risk and support fetal health.

Psychological & Emotional Criteria

Mental health screening is equally important.

Psychological Evaluation

Evaluations assess:

• Emotional stability
• Stress management
• Understanding of surrogacy responsibilities
• Ability to relinquish the child after birth

This step helps prevent emotional distress or conflict.

Support System

Surrogates are typically required to have:

• A supportive partner or family
• Stable home environment

A strong support system contributes to healthier pregnancies.

Informed Consent & Motivation

Surrogates must:

• Fully understand the process
• Enter surrogacy voluntarily
• Demonstrate appropriate motivations

Ethical programs avoid candidates facing financial pressure or coercion.

Legal Criteria for Becoming a Surrogate

Legal eligibility depends on:

• State or country laws
• Contract enforceability
• Residency requirements

Legal Capacity

A surrogate must:

• Be legally able to enter a contract
• Have independent legal representation
• Understand contractual obligations

Residency & Jurisdiction

Some programs require:

• Residency in a surrogacy-friendly state
• Ability to deliver in a legally supportive jurisdiction

This ensures enforceable agreements.

Independent Legal Counsel

Ethical surrogacy requires:

• Separate attorneys for surrogate and intended parents

This protects all parties’ rights and prevents conflicts of interest.

Why Gestational Surrogacy Is Required

Most programs require gestational surrogacy,

meaning:

• The surrogate uses no genetic material
• Embryos are created via IVF

This reduces:

• Legal ambiguity
• Emotional complexity
• Ethical risk

Traditional surrogacy is rarely accepted.

Financial & Practical Eligibility Factors

Surrogates are evaluated for:

• Financial stability
• Reliable transportation
• Ability to attend medical appointments

Financial stability helps ensure decisions are not driven by economic pressure.

Disqualifying Factors (Common Examples)

A candidate may be disqualified due to:

• Multiple C-sections beyond medical guidelines
• High-risk pregnancy history
• Uncontrolled medical conditions
• Active mental health disorders
• Substance use

Disqualification prioritizes safety—not judgment.

How Screening Protects Intended Parents

Strict screening:

• Improves pregnancy success rates
• Reduces medical complications
• Minimizes legal disputes
• Supports ethical family-building

It benefits everyone involved.

Frequently Asked Questions (FAQs)

Q. Does a surrogate have to be married?

Ans : No, marital status requirements vary by program and state.

Q. Can a surrogate use her own egg?

Ans : Most programs require gestational surrogacy only.

Q. Can a surrogate have had a C-section?

Ans : Yes, depending on number and medical history.

Q. Are mental health conditions disqualifying?

Ans : Not always; evaluations are individualized.

Q. Can a surrogate live in a different state?

Ans : Yes, with proper legal coordination.

Q. Do surrogates need health insurance?

Ans : Yes, pregnancy-friendly insurance is required.

Q. Can a surrogate be related to the intended parents?

Ans : Sometimes, but additional screening is required.

Q. Are surrogates compensated?

Ans : Compensation depends on legal jurisdiction.

Q. How long does screening take?

Ans : Typically several weeks to a few months.

Q. Can a surrogate back out after signing?

Ans : Contracts address rights and obligations, but laws vary.

Q. Are lifestyle restrictions enforced?

Ans : Yes, to support pregnancy health.

Q. Can a surrogate work during pregnancy?

Ans : Usually yes, unless medically advised otherwise.

Q. Are international surrogates allowed in the U.S.?

Ans : Residency and visa rules apply.

Q. What if a surrogate fails screening later?

Ans : Programs pause or rematch to protect all parties.

Q. Why are criteria so strict?

Ans : To ensure safety, ethics, and healthy outcomes.

Final Thoughts

Surrogate eligibility criteria exist to protect everyone involved in the surrogacy journey. Medical readiness, emotional stability, legal clarity, and ethical motivation are essential for a safe and successful experience.

This guide helps intended parents understand why careful screening is not a barrier—but a safeguard.