Do You Need to Be a US Citizen to Be a Surrogate?

Some surrogacy requirements vary from program to program, like a BMI cutoff or an upper age limit. Citizenship doesn't. It's worth being clear about why, and about who it does and doesn't apply to.

Published October 1, 2026 · Updated October 7, 2026

Yes - to be a gestational surrogate in the US, agencies require that you're a US citizen or a lawful permanent resident (a green card holder). It's a firm requirement, because the surrogacy contract, the court order naming the intended parents, and the pregnancy health insurance all depend on a legal status that's settled for the whole journey.

The requirement itself is simple: to be a gestational surrogate in the United States, agencies require that you're a US citizen or a lawful permanent resident — a green card holder. That's the standard at the partner agencies Borne works with and at nearly every reputable program in the country. It's a firm requirement rather than a judgment call, so if it doesn't apply to you, it's better to know now than after weeks of paperwork.

Why it's firm

The reasoning has nothing to do with where anyone was born. It comes from three practical parts of how a surrogacy works.

• The contract. A surrogacy agreement is a long, enforceable legal contract covering a year or more of your life. Everyone signing it needs to be reliably present in the country and under US jurisdiction for the full length of the journey, with no risk that a change in status interrupts it midway.
• The parentage order. In surrogacy-friendly states, the intended parents get a court order — usually before the birth — that names them as the legal parents. That process runs through a state court and depends on the surrogate's identity, residence, and legal standing being straightforward. Uncertain or temporary status complicates it in ways attorneys can't fully control.
• Health insurance. Every surrogate needs a health plan that covers a surrogacy pregnancy, and in most journeys the intended parents purchase one for her. The plans that reliably work for this require lawful presence in the US, and a surrogate whose coverage could lapse mid-pregnancy is a risk no agency will take on.

Any one of these would be a serious obstacle. Together they're why the requirement doesn't bend.

Where visa holders and pending applications stand

This is the hard part of the answer. If you're in the US on a work visa, a student visa, DACA, or with an application for permanent residency still pending, most agencies won't be able to move forward — not because of anything about you, but because the contract, the court order, and the insurance all need a status that's settled for the whole journey. A small number of programs will consider certain long-term visa situations case by case, but that's the exception, and it's not something to plan around.

If permanent residency is in your near future, the practical advice is to wait until you have it and then apply. Unlike many "not yet" answers in surrogacy, this one has a clear finish line.

What about intended parents from abroad?

Completely different story, and worth clearing up because it confuses people. Intended parents come to US surrogates from all over the world, and international matches are routine at most agencies. Their citizenship has no bearing on your eligibility. It can add steps on their side — passports for the baby, travel logistics, extra legal work in their home country — but that's the agency's and the attorneys' work, not yours. Some surrogates specifically prefer international parents; others prefer families close by. It's a matching preference, not a requirement.

Where you live matters too — but differently

Citizenship gets you through the door. Which state you live in decides how simple the legal side is once you're inside. Most states have workable surrogacy frameworks, and an experienced agency knows how to navigate them; a couple don't, and reputable programs won't place surrogates there. If you're a citizen or permanent resident living in the US, the state question is the next one on the list — and it's one our questionnaire walks through.