Surrogacy laws  are administered at a State level and there are wide variations in what types of surrogacy are allowed in various states. Approximately 19 US states have laws or statutes recognising commercial surrogacy.

Some of these (including California, Nevada, Oregon, Minnesota, Connecticut) have long experience of surrogacy arrangements. This experience, along with strict surrogate screening practices, high quality IVF and supportive laws, makes US surrogacy the safest and most reliable option for intended parents considering their options globally. 

A further 10 states have laws recognising uncompensated (altruistic) surrogacy (see next section). Such laws tend to facilitate transfer of parentage to the intended parent (via a change to the birth certificate) as well as legal parentage under the laws of that state.

Non-US citizens can access surrogacy in the US also. All children born via surrogacy in the US are eligible for a US passport, regardless of the citizenship of their intended parents.

There are a large number of small and large surrogacy agencies across at least 13 US states, who specialise in surrogate recruitment, matching and management. Some of these agencies also offer egg or sperm donors. There are also a number of amateur surrogate forums which allow intended parents to reach out privately to potential surrogates. Such sites do not offer third party matching or psychological screening of surrogates however, to ensure they are appropriate carriers.

American surrogacy agencies tend to encourage and facilitate high levels of contact during the pregnancy between surrogate and intended parent(s).

High-Profile Americans who have used surrogacy to create a family include Robert de Niro, Rcky Martin, Sarah Jessica Parker, Neil Patrick Harris & Celine Dion.