Surrogacy Law in Delaware in DE — Family Law Legal… | CGMIMM
Family Law · DE
Surrogacy Law in Delaware
Delaware surrogacy: Permitted under Gestational Carrier Agreement Act (2013).
Published May 8, 2026
## Surrogacy law in Delaware
**Surrogacy** is when a woman (the "surrogate" or "gestational carrier") carries a pregnancy for intended parents. Legal recognition varies dramatically by state.
### Delaware status
Permitted under Gestational Carrier Agreement Act (2013).
## Two main types
**Traditional surrogacy:**
- Surrogate uses her own egg
- Genetically related to child
- Legally complex; many states restrict
- Generally requires post-birth adoption
**Gestational surrogacy:**
- Embryo created from intended parents' / donor genetic material
- Surrogate carries but is NOT genetically related
- Most common modern arrangement
- More widely accepted
- Pre-birth orders often available
## Pre-birth vs post-birth orders
**Pre-birth orders:**
- Court order issued BEFORE birth establishing intended parents as legal parents
- Hospital records show intended parents on birth certificate from day 1
- Available in surrogacy-friendly states
- Eliminates adoption process
**Post-birth orders / adoption:**
- Required where pre-birth orders not available
- Surrogate's name initially on birth certificate
- Adoption / parentage proceedings transfer rights
- Adds time + cost + legal exposure
## Common surrogacy contract provisions
- **Compensation** — base + medical + lost wages + life insurance + maternity clothes
- **Medical decisions** — pregnancy / delivery decisions
- **Embryo transfer numbers**
- **Selective reduction / termination**
- **Behavior during pregnancy** — diet, alcohol, travel, employment
- **Insurance coverage**
- **Indemnification**
- **Genetic testing**
- **Confidentiality**
- **Post-birth contact**
- **Post-birth dispute resolution**
## Legal recognition spectrum
**Friendly states** (CA, IL, NV, MA, ME, NJ, CT, RI, DC, NH):
- Comprehensive statutes
- Pre-birth orders standard
- Same-sex couples + single parents fully recognized
- Generous compensation allowed
**Permissive states** (FL, TX, UT, VA, NC, others):
- Permitted by statute or favorable case law
- Pre-birth orders generally available
- May restrict by sexual orientation, marital status (less now post-Obergefell)
**Restrictive states** (LA — LGBTQ restrictions, NE, MI):
- Statutes void surrogacy contracts
- Workarounds via post-birth adoption
- Higher legal risk
**Recent reform states** (NY 2021, MI 2024):
- Catching up to friendly-state framework
## Compensation
**Surrogate compensation typically:**
- Base fee: $40,000-$70,000+ (varies by state, experience, multiples)
- Medical expenses
- Maternity clothes
- Lost wages
- Travel + accommodation
- Life + disability insurance
- Counseling
- Multiples premium
- C-section premium
- Health-care premiums
**Total cost** for intended parents: $100K-$200K+ including agency, legal, medical, and surrogate fees.
## Surrogacy + LGBTQ families
Same-sex male couples + single fathers commonly use gestational surrogacy. Post-Obergefell:
- Same legal recognition as opposite-sex couples in most states
- Some states still impose restrictions
- Confirmatory adoption recommended for portability
## International surrogacy
Going abroad for surrogacy:
- **Cheaper** in countries like Ukraine (pre-war), Mexico, Colombia, India (now restricted)
- **Legal complications** when returning to U.S.
- **Citizenship issues** for child
- **Risk if home country doesn't recognize**
- Many "surrogacy-friendly" countries have restricted recently
## Common challenges
- **Surrogate-disputes** over decision-making during pregnancy
- **Intended-parent disputes** if relationship breaks down
- **Medical complications**
- **Birth-certificate issues** if pre-birth order not obtained
- **Insurance coverage** disputes
- **Custody disputes** in restrictive states
- **International / multi-state recognition** issues
## What you should do
If you're considering surrogacy in Delaware: hire a reproductive-law attorney from the START. Delaware surrogacy law is complex and the wrong contract / process can result in custody disputes. Most reproductive-law attorneys offer paid initial consultations; agencies often have referral networks.
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*This guide is general information about Delaware law as of early 2026 and is not legal advice. Surrogacy law varies dramatically. Talk to a licensed Delaware reproductive-law attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.