Surrogacy is a profound act of compassion and generosity, enabling hopeful parents to fulfill their dreams of building a family. For the women who carry these pregnancies—surrogate mothers—the journey is both physically and emotionally demanding. While much of the public discourse centers on the intended parents, the well-being and rights of the surrogate herself, particularly in terms of long-term financial and healthcare security, are equally critical. One of the most important yet often overlooked aspects is the surrogate mother’s access to Social Security benefits.
In this comprehensive guide, we’ll explore the current landscape of social security protections for surrogate mothers in the United States. We’ll examine eligibility criteria, potential challenges, and how surrogates can safeguard their financial future. Whether you’re a prospective surrogate, intended parent, or advocate, understanding these systems is vital to ensuring fair and equitable support for all parties involved.
The Role of Surrogacy in Modern Family Building
Surrogacy has become an increasingly common path to parenthood, especially for individuals and couples facing infertility, same-sex couples, and single parents by choice. According to the Society for Assisted Reproductive Technology (SART), the number of gestational surrogacy cycles in the U.S. has more than doubled over the past decade.
However, while medical and legal frameworks have evolved, social safety nets like Social Security often lag behind. Surrogates are typically not classified as traditional employees, which means they don’t automatically accrue Social Security credits through payroll taxes during their surrogacy journey. This raises important questions about long-term financial security, especially for women who may take time off work or face health complications.
Social Security Basics: What Every Surrogate Should Know
Before diving into surrogacy-specific concerns, it’s essential to understand how the U.S. Social Security system works. Administered by the Social Security Administration (SSA), the program provides retirement, disability, and survivor benefits based on an individual’s work history and contributions through payroll taxes (FICA).
To qualify for most Social Security benefits, individuals must earn 40 work credits (typically accumulated over 10 years of employment). Each credit is earned based on annual income, with a maximum of four credits per year.
For surrogate mothers, the key issue is whether the compensation received for carrying a child counts as taxable income that contributes to Social Security. The answer depends on how the surrogate is classified:
- Independent Contractor Model: Most surrogates are classified as independent contractors. In this case, they receive a 1099 form, and while their income is taxable, they are responsible for paying both the employee and employer portions of Social Security and Medicare taxes (self-employment tax).
- Agency-Employed Surrogates: In rare cases, if a surrogate is formally employed by a surrogacy agency (which is uncommon), payroll taxes would be withheld, and credits would be automatically earned.
Therefore, a surrogate’s ability to earn Social Security credits hinges on whether she reports her income and pays self-employment taxes.
Can Surrogacy Income Count Toward Social Security?
Yes—but only if the income is properly reported. The IRS treats surrogacy compensation as taxable income under Internal Revenue Code Section 61. This means surrogates must report their earnings when filing federal taxes. By doing so, and by paying the associated self-employment taxes (currently 15.3% on net earnings), surrogates can earn Social Security credits.
For example, in 2025, earning 1,700 innetself−employmentincomequalifies for one SocialSecuritycredit.Mostsurrogacyarrangementsinvolvecompensationpackagesranging from50,000 to $80,000 or more, which can translate into multiple credits per surrogacy journey.
However, many surrogates are unaware of this requirement. Without proper tax planning, they may miss the opportunity to build their Social Security record—a critical oversight that could impact retirement or disability benefits decades later.
While Social Security credits are earned through taxation, surrogates also need immediate protections during pregnancy and postpartum recovery. Unlike traditional employees, surrogates are not covered by the Family and Medical Leave Act (FMLA), which guarantees unpaid, job-protected leave for eligible workers.
This means:
- If a surrogate is employed full-time, her employer is not legally required to grant leave for surrogacy-related medical appointments or recovery.
- Self-employed surrogates have no automatic access to short-term disability benefits unless they’ve purchased private insurance.
Some states, such as California and New York, offer temporary disability insurance (TDI) programs that may cover pregnancy-related leave, including for surrogates. However, eligibility varies, and not all surrogates qualify.
Moreover, health insurance remains a critical concern. While intended parents typically cover the surrogate’s pregnancy-related medical costs through a dedicated insurance policy, this coverage ends after delivery. Gaps in postpartum care can leave surrogates vulnerable, especially if complications arise.
To mitigate these risks, experts recommend:
- Comprehensive Legal Contracts: Ensure the surrogacy agreement includes provisions for lost wages, medical coverage, and life/disability insurance.
- Private Disability Insurance: Surrogates should consider purchasing short-term disability coverage that includes surrogacy.
- Tax Professional Consultation: Work with a CPA familiar with reproductive law to ensure proper income reporting and tax payments.
Navigating State Variations and Policy Gaps
Social Security is a federal program, but state laws significantly influence how surrogates are treated in practice. For instance:
- California recognizes surrogacy agreements and allows pre-birth parentage orders, streamlining the legal process.
- New York passed the Child-Parent Security Act in 2021, legalizing compensated surrogacy and enhancing protections.
- Conversely, states like Michigan and Louisiana have historically imposed restrictions, creating legal uncertainty.
These disparities affect not only legal parentage but also access to state-level benefits such as disability insurance and healthcare programs. Surrogates must be aware of their rights in their state of residence and where the birth will occur.
Additionally, federal policy has yet to fully recognize surrogacy as a legitimate form of labor. Advocacy groups like RESOLVE: The National Infertility Association and Surrogacy America are pushing for legislative reforms to include surrogates under broader labor and social safety net protections.
Planning for the Future: Empowering Surrogate Mothers
The journey of surrogacy doesn’t end at delivery. For many women, it’s a transformative experience that deserves long-term recognition and support. To ensure surrogates are not left behind in the social safety net, several steps can be taken:
- Educational Outreach: Fertility clinics and agencies should provide mandatory financial and legal counseling, including Social Security implications.
- Standardized Contracts: Industry leaders should adopt best practices that include tax guidance and benefit protections.
- Policy Advocacy: Encourage lawmakers to consider surrogacy within broader discussions on reproductive labor and social welfare.
Ultimately, every surrogate mother should leave her journey with more than gratitude—she should have the tools to secure her financial future.
Conclusion: Building a More Inclusive Social Safety Net
Surrogacy is a cornerstone of modern reproductive medicine, yet the women who make it possible often navigate a complex web of legal, medical, and financial challenges without adequate support. By understanding how Social Security benefits apply—and how surrogates can actively earn credits through proper tax reporting—individuals and professionals can take meaningful steps toward equity.
As society continues to evolve, so must our social systems. Recognizing surrogacy as a legitimate and valuable contribution to family formation is not just a matter of compassion—it’s a necessity for building a fairer, more inclusive future.
For intended parents, agencies, and policymakers, the message is clear: support doesn’t end at birth. It extends to ensuring that every surrogate mother has access to the financial security and dignity she deserves.
