How state affects surrogate pay
Three factors drive state-level compensation differences:
- Cost of living. High-COL states like California, Washington, and Massachusetts push base pay higher because the real value of a dollar is lower.
- Agency coverage. Your pay depends on which partner agencies serve your state. Not all partners work everywhere.
- Legal framework. States with strong pre-birth order laws (California, Illinois, Nevada) attract more agencies and more competition, which raises compensation.
State-by-state with partner agency coverage
| State | Partner agencies | First-timer total | Legal notes |
|---|---|---|---|
| California | Family Tree, NewGen | $80K–$95K+ | Pre-birth orders routine for all family types |
| Texas | Simple Surrogacy | $73,000 | Legal under TX Family Code, court approval required |
| Florida | Family Makers | $85K–$95K | Surrogate-friendly for married couples |
| Georgia | Family Makers | $85K–$95K | No statute, courts routinely issue orders |
| Illinois | Family Makers | $85K–$95K | Gestational Surrogacy Act, pre-birth orders |
| Nevada | Family Tree, NewGen | $72K–$95K+ | Explicitly legal, pre-birth orders routine |
| Washington | NewGen Families | $72K+ | Uniform Parentage Act covers gestational surrogacy |
| Oregon | NewGen Families | $72K+ | Legal with court approval |
| Colorado | NewGen Families | $72K+ | Surrogate-friendly, good legal environment |
| Pennsylvania | Family Makers, NewGen | $72K–$95K | Case-by-case court orders |
| Ohio | Family Makers | $85K–$95K | Case law supports gestational surrogacy |
| Virginia | Family Makers | $85K–$95K | Assisted Conception Act covers surrogacy |
| Maryland | Family Makers | $85K–$95K | Court-established gestational surrogacy |
| North Carolina | Family Makers | $85K–$95K | Legal with adoption or court order |
| South Carolina | Family Makers | $85K–$95K | Gestational surrogacy practiced routinely |
States we don't serve
Our partner agencies don't operate in these states due to legal restrictions:
- Michigan: Surrogacy contracts are void and unenforceable by statute. Felony penalties apply.
- Louisiana: Traditional surrogacy banned; gestational restricted to married heterosexual couples with medical necessity.
- Nebraska: Surrogacy contracts explicitly unenforceable by state law.
- New York (for traditional): New York banned traditional surrogacy; gestational is now legal but our partner agencies don't serve NY.
If you live in a state we don't serve, we'll tell you during the quiz process. Moving to a surrogate-friendly state just to become a surrogate isn't something we recommend.
California vs Texas vs Florida — the big three
These are the three highest-volume surrogacy states. Here's how they compare:
California
Compensation: $80,000–$95,000+ first-time total with Family Tree or NewGen Families. Experienced surrogates can reach $105,000 total. Highest in our partner network.
Legal: The gold standard. Pre-birth orders routine for all family types (heterosexual married, same-sex, unmarried, single-parent). California has had pre-birth orders since 1993. Legal process is the smoothest in the US.
Partner agencies: Family Tree Surrogacy Center (San Diego) and NewGen Families (LA/Vegas). Both have California as their primary market.
See: Best surrogacy agencies in California
Texas
Compensation: $73,000 first-time total with Simple Surrogacy. Experienced surrogates earn $89,000 total. Lower than California but still competitive for the cost of living.
Legal: Legal under Chapter 160 of the Texas Family Code. Courts require pre-approval of the gestational surrogacy agreement before embryo transfer. This adds a few weeks to the legal timeline but creates strong protections.
Partner agencies: Simple Surrogacy (Dallas). 70% of Simple Surrogacy's surrogate pool is in Texas.
See: Best surrogacy agencies in Texas
Florida
Compensation: $85,000–$95,000 first-time total with Family Makers. Experienced surrogates earn $105,000+ total.
Legal: Surrogate-friendly for married couples. The Florida Statutes recognize gestational surrogacy contracts. Court approval is required for parental rights but is routine.
Partner agencies: Family Makers (Atlanta) serves Florida. Family Makers is the primary partner for Southeast US surrogates.
See: Best surrogacy agencies in Florida
See which partner agency serves your state
Our quiz checks coverage for all 50 states and matches you with the best partner for your location.
Check my state →Does moving to a higher-paying state make sense?
Almost never. The compensation differences between states are $10,000–$25,000 over a full journey. Moving costs, residency requirements, and the time needed to establish residency in a new state usually eat most of that bump.
Exceptions: if you're already planning to move for other reasons, timing your surrogate application to the new state makes sense. Some surrogates move from legally-restricted states to neighboring legal states (e.g., Michigan → Ohio or Indiana). If that applies to you, establish residency first, then apply.
What matters more than state
Your experience level and agency choice matter more than your state. A first-timer in California with Family Tree earns less than an experienced surrogate in Texas with Simple Surrogacy. Focus on:
- Experience level (first-timer vs experienced)
- Agency compensation structure
- What's negotiable on top of base pay
- Support quality (not just dollars)