Beyond Traditional: Embracing New Ways to Grow a Family

Thinking about growing your family outside of the box?

You're not alone.

Whether you're facing infertility, medical issues, or are a same-sex couple, millions of people are choosing modern family building options to start their family.

Why? Because they can. And the stats back it up.

The global surrogacy market was valued at $22.4 billion USD in 2024. That number is expected to grow exponentially over the next decade. Simply put, more and more intended parents are learning their surrogacy rights and starting families on their own terms.

Here's the deal:

Learning how to navigate the process and understanding intended parents surrogacy rights is essential to building your dream family. Without that information, intended parents run the risk of costly legal mistakes and frustrating setbacks.

Check out the following guide to learn:

• Why Alternative Family Building Is Increasing in Popularity

• How Intended Parents Rights Work With Surrogacy

• Important Surrogacy Laws to Understand Before Starting Your Journey

• How to Choose Your Family's Path Forward

Why Modern Family Building Is Increasing in Popularity

Millions of families grow their families outside of the "traditional" model.

Whether through surrogacy, adoption, Co-Parenting, foster care, or other routes… modern intended parents are embracing all avenues to fulfill their dreams of parenthood.

Need proof?

The surrogacy industry has seen a massive influx in intended parents over the last decade.

Why the boom? For starters, surrogacy has never been more accessible. Reproductive technology continues to advance and make it possible for more people to start a family than ever before. Gestational carriers are the most common form of surrogate used today. With gestational surrogacy, there is no genetic connection between the carrier and the child. This creates a distinct advantage for intended parents surrogacy rights.

Plus, social stigmas around building a family outside of "the box" are fading. While surrogacy was once considered taboo, more people know someone who has considered it or done it themselves.

Here are a few of the biggest reasons more people are exploring alternative routes to building a family:

• Rates of infertility continue to climb.

• Societal norms have changed. People are more open to non-traditional family building.

• In Vitro Fertilization technology has advanced. IVF success rates are higher than ever.

CDC data shows that gestational carrier cycles rose from 3,202 in 2012 to 8,862 by 2021. More intended parents are turning to alternative methods of growing their families… and the results speak for themselves.

How Intended Parents' Rights Work With Surrogacy

This is where it gets interesting.

When pursuing surrogacy, intended parents have rights that vary from state to state. Across the U.S., there is no federal legislation governing surrogacy agreements. Each state has its own laws that are either intended to be parent-friendly or not…

Intended parents who live in surrogacy-friendly states have the ability to obtain what is called a pre-birth order. A pre-birth order establishes intended parents as the legal parents of their child prior to birth. It takes any parental rights away from the surrogate.

This is powerful.

A pre-birth order allows intended parents to bring their child home from the hospital knowing they are 100% the child's legal mother and father. No questions asked. No additional legal documents to wait for.

Living in a state that allows pre-birth orders provides intended parents an added level of protection. But what happens if you live in one of the 17 states that either limit or ban compensated surrogacy?

Every intended parent should work with a reproductive attorney before embarking on their journey. A qualified attorney will help you understand your state's specific laws surrounding surrogacy and help draft a thorough surrogacy agreement.

That agreement protects the intended parents, the surrogate, and the donor(s).

Navigating The Legalities of Surrogacy: Every Family Should Know

State legislations when it comes to surrogacy are constantly changing.

In fact, there have been some big wins for intended parents in the last few years. Michigan just passed legislation allowing compensated surrogacy in April of 2025. Massachusetts' Parentage Act went into effect at the start of 2025.

Both of these laws help to protect all parties involved in a surrogacy journey.

But it's not all sunshine and rainbows. New legislation designed to grant "personhood" rights for fetuses have been introduced in multiple states.

These laws could seriously impact how IVF and surrogacy are practiced in states that allow them.

As laws across the country change, more intended parents are turning to out-of-state journeys. They live in one state but work with a surrogate and fertility clinic in another state.

Intended parents should keep the following surrogacy laws in mind when planning their journey:

• Do your research on your home state. If your state does not allow pre-birth orders or has other limitations, consider working with a surrogate in another state.

• Hire independent legal counsel. Surrogates should have an attorney representing their interests, and parents should have an attorney representing theirs. A good surrogacy agency will make recommendations.

• Create a comprehensive surrogacy agreement. A good agreement covers compensation, medical decision making, parental rights and responsibilities, and more.

• Obtain parentage as early as possible. Pre-birth orders are the preferred method for securing your rights as intended parents. Not all states allow them.

Same sex couples will want to take extra care when navigating the legal side of things. While many states offer equal protection for LGBTQ+ families, some states lag behind.

Work with an agency that has years of experience working with same sex couples to ensure there aren't any issues along the way.

Choosing Your Path Forward

Every intended parent's journey will look different.

But when it comes to the steps for choosing your path, most families will follow similar processes.

The first thing to do is research. Learn what surrogacy is, how it works, how much it costs, how long it takes, and the legalities of starting your journey in your home state.

From there, the decision is whether to work with a traditional agency or go independent. Agencies manage the entire process from start to finish. Independent journeys allow intended parents more flexibility but come with the need to self manage every aspect of the process. Agencies are highly recommended for first time intended parents.

Next, assemble your team. No intended parent has to go into this journey alone. Build a team that looks something like this:

• Surrogacy Agency

• Reproductive Attorney

• Fertility Clinic

• Mental Health Professional

These four pieces of the team will guide intended parents every step of the way and ensure their rights are protected.

Growing a family with the help of a surrogate is an emotional rollercoaster. Intended parents benefit greatly from having a therapist or counselor they can talk to throughout the process.

Bringing Your Baby Home: The Bottom Line

There's nothing quite like becoming an intended parent.

Whether the goal is to grow a family through surrogacy, Co-Parenting, adoption, or any other method… it takes work. Lots of planning, lots of research, and lots of emotions.

But it's so worth it.

The more people who learn their rights as intended parents, the faster laws will continue to change. Technology is improving every day, too. More families are coming together than ever before, thanks to these services.

Remember:

• There are many options for building a family outside of the traditional model.

• Laws vary for intended parents' rights and surrogacy. Do your research before starting the journey.

• Pre-birth orders are the best way to ensure rights as intended parents are established prior to birth.

• Some states offer better legal protections for intended parents than others. Choose wisely.

• Hiring a qualified agency and legal team is highly recommended for a first surrogacy journey.

With the right knowledge and resources, intended parents can confidently take the steps towards growing their family.