Overview of the US Surrogacy System and Its Challenges

<figure> <img alt="About a dozen babies sit on a seamless white floor." src="https://platform.vox.com/wp-content/uploads/sites/2/2026/10/GettyImages-200191978-001.jpg?quality=90&amp;strip=all&amp;crop=0,0,100,100" /> <figcaption> </figcaption> </figure> <p class="wp-block-paragraph">Surrogacy offers couples an opportunity to have children when natural conception is not possible, but it is also a significant financial undertaking, often costing six figures. The surrogacy industry in the United States is largely unregulated, which raises concerns about potential abuses.</p> <p class="wp-block-paragraph">Recently, a couple in California was arrested on child abuse charges after it was discovered they had over 20 children from different surrogate mothers living in a mansion in Arcadia, near Los Angeles. Many of the surrogates are currently seeking custody of the children they carried.</p> <p class="wp-block-paragraph">This case highlights the complexities and potential issues within the American surrogacy industry. Emi Nietfeld, a reporter at Washington Sun who covers surrogacy and IVF, discussed the lack of regulation in the industry and the recent high-profile cases that have brought these issues to light.</p> <p class="wp-block-paragraph">The absence of federal regulation stems from political and financial factors. Historically, anti-abortion sentiments have influenced opposition to regulating IVF and surrogacy, with concerns about government control over family planning. This has led to a situation where only New York requires a special license for surrogacy agencies, while in other states, it is easier to start an agency than to open a food stand.</p> <p class="wp-block-paragraph">In the 1980s, the Baby M case raised significant legal questions about surrogacy arrangements, leading to the prohibition of commercial surrogacy in New Jersey, which remained until 2020. The lack of federal funding for embryo research has also contributed to the unregulated nature of the industry.</p> <p class="wp-block-paragraph">Recent cases, such as those involving Chinese intended parents and high-profile individuals like Xu Bo, a billionaire rumored to have over 100 children via surrogacy in the US, have prompted lawmakers to reconsider the need for regulation. Other notable cases include McKenna West in Texas, who fought for custody after refusing to terminate a pregnancy, and Kyla Simpson in Florida, who is seeking custody of children born to a single father who was unable to attend the birth.</p> <p class="wp-block-paragraph">While many surrogacy experiences are positive, the lack of regulation can lead to significant legal challenges when issues arise. Critics of increased regulation argue that it could make surrogacy more expensive and less accessible, while also raising concerns about government overreach in family planning decisions.</p> <p class="wp-block-paragraph">Most agree that the surrogacy industry could benefit from better regulation, but political challenges make it difficult to implement changes.</p>