With Trump’s recent election, the landscape of surrogacy and family planning in the U.S. is set for dramatic shifts, impacting families, surrogates, and the surrogacy industry itself. At the SEEDS annual surrogacy conference last week Jeff Hu, CEO of SurrogateFirst, heard first-hand how a surrogate tearfully broke the match on her planned journey after Trump was elected. This is just the tip of the iceberg. This article explores the four significant impacts we are seeing.
The Changing Legal and Regulatory Environment
Legal and regulatory changes are at the forefront of surrogacy challenges, particularly as state laws around reproductive rights and healthcare become increasingly polarized.
Impacts on Surrogate Availability
State-specific regulations, including abortion bans and restrictions, have heightened concerns among surrogates regarding their health and medical decision-making rights during the pregnancy. As a result:
- Surrogates are more selective about the states in which they will work.
- Surrogacy agreements now include more detailed provisions about medical care and decision-making.
- Agencies are revising protocols to address surrogates’ concerns about their safety and legal protections.
These developments have caused a decline in the available surrogate pool, which may contribute to longer wait times and higher costs for intended parentss.
Regulatory Shifts Post-Election
Political changes, including those influenced by the 2024 election, have further complicated surrogacy practices. For instance:
- New or anticipated abortion bans create uncertainty for surrogates and IPs, impacting trust and cooperation.
- Variability in healthcare policies across states has necessitated additional legal and logistical planning for cross-state journeys.
Economic Considerations and Cost Trends
Surrogacy has always been a significant financial commitment, but rising costs are changing accessibility and planning for intended parents.
Rising Costs and Financial Pressures
Experts project a 20–25% increase in surrogacy costs by 2025 due to:
- Increasing insurance packages along with reduced coverage options
- Higher surrogate compensation to reflect the risks and challenges associated with restrictive state laws.
- Enhanced medical screening and testing protocols.
- Additional legal expenses to navigate evolving regulations.
The Role of Employer Fertility Benefits
As surrogacy costs climb, employer-provided fertility benefits are becoming a lifeline for many families. For more details please refer to our report – click here.
- A survey reveals that 79% of employees planning surrogacy journeys would consider changing jobs for better fertility benefits.
- Companies are expanding coverage for surrogacy-specific expenses, reshaping workplace priorities and hiring trends.
Domestic vs. International Surrogacy
For some IPs, rising costs and legal uncertainties have prompted consideration of international surrogacy as an alternative.
Advantages of Domestic Surrogacy
Despite the challenges, domestic surrogacy remains a safer option in many cases, offering:
- Established legal protections in several states.
- Easier communication and coordination with agencies and surrogates.
- Robust safeguards for surrogates and IPs.
Risks of International Surrogacy
Countries like Argentina, Mexico, and Colombia may offer lower costs but come with risks, including:
- Varying legal protections, often less stringent than in the U.S.
- Logistical hurdles, including immigration and citizenship issues for the child.
- Reduced oversight and regulation that may lead to unethical practices.
Conclusion
The U.S. surrogacy landscape is facing changes in the near future , but with proper preparation and guidance, intended parents can navigate these changes successfully. By staying informed, being financially prepared, and partnering with reputable professionals, intended parents can overcome the challenges of this evolving journey to parenthood.
