The History and Evolution of Surrogacy

Last Updated: June 8, 2026

Quick Answer: Surrogacy is an arrangement in which one person carries a pregnancy on behalf of another individual or couple. It has existed for thousands of years, but the modern legal and medical framework dates to the 1970s and 1980s, with significant advances continuing through 2024 (most recently, Michigan’s legalization of compensated surrogacy).

Key Takeaways

• The first formal surrogacy agreement was brokered in the mid-1970s; the first compensated arrangement followed in 1980.
• The first successful gestational surrogacy occurred in 1985, after the first successful IVF birth in 1978 (Louise Brown) and the first egg-donation birth in 1982.
• The 1986 to 1988 Baby M case shaped modern surrogacy law and pushed the industry from traditional to gestational arrangements.
• The 1990 California decision in Calvert v. Johnson established that gestational carriers without a genetic link are not the legal parents.
• New York legalized compensated surrogacy in 2021; Michigan followed in 2024, leaving Louisiana as the only state with significant remaining restrictions.
• Per CDC and SART data, donor egg and gestational carrier cycles in the United States now exceed 12,000 annually.

A search for the word “surrogacy” today returns more than 70 million results in less than a second. Even with that much information available, surrogacy remains a concept many people do not fully understand.

In its simplest definition, surrogacy is an arrangement in which a person carries a pregnancy on behalf of someone else. The intended parents may be a couple facing infertility, a same-sex couple, a single parent by choice, or anyone whose path to biological parenthood requires the help of a gestational carrier.

We have noticed that the people most likely to misunderstand surrogacy are often those who have not needed it. Their road to parenthood looked different, and they were able to make their family-building decisions privately, without their bodies, relationships, or finances being part of the public conversation.

Surrogacy has changed that for thousands of families. It has made parenthood possible for people who, even a generation ago, would not have had a viable path to it. Looking at how we got here is one of the best ways to understand what is possible now.

Surrogacy Through the Ages

Surrogacy may feel like a modern concept, but the idea is ancient.

Biblical Times

The first recorded surrogacy story appears in the Book of Genesis. Sarah, unable to conceive, asked her servant, Hagar, to bear a child for her husband, Abraham. Hagar was the biological mother, but the child was raised within Abraham and Sarah’s household.

When the surrogate is also the biological mother, the arrangement is called traditional surrogacy. For most of human history, this was the only form available. The practice remained largely hidden through the 20th century, weighted down by stigmas around infertility and “illegitimacy.”

The 1884 Artificial Insemination

The first documented successful artificial insemination took place in 1884 in Philadelphia. The case was deeply problematic by any modern ethical standard: a physician inseminated his patient, under anesthesia, with sperm from one of his medical students, and neither the doctor nor the husband told the patient what had happened.

The pregnancy was successful, but the case is now studied primarily as a cautionary tale. Modern reproductive medicine is built on informed consent, transparency, and rigorous screening at every stage.

The 1970s to 1980s

The first formal surrogacy agreement was brokered in the mid-1970s by a New York attorney. It was a traditional surrogacy with no compensation, but it set the legal and operational groundwork for the modern industry. That same era saw the opening of the first dedicated infertility center in the United States.

The first compensated surrogacy agreement was entered into in 1980, with the surrogate receiving $10,000.

In 1984, Lesley and John Brown’s daughter Louise (born in 1978 as the world’s first IVF baby) helped open the door to the next milestone: the first successful gestational surrogacy in 1985. In a gestational arrangement, the surrogate carries an embryo created from someone else’s egg and sperm. She has no genetic relationship to the child. This shift dramatically reduced the legal complexity surrounding surrogacy.
The Baby M case of 1986 to 1988 became the most famous surrogacy dispute in U.S. history. Mary Beth Whitehead, the traditional surrogate, decided after birth that she did not want to relinquish parental rights. The resulting custody battle lasted more than two years and reshaped public perception of surrogacy. The Sterns were ultimately granted custody, with Whitehead receiving visitation.

The Legal Battles of the 1990s

The Baby M case pushed the industry firmly toward gestational arrangements. Stronger contracts followed, along with clearer state-level legal frameworks.

In 1990, the California Supreme Court’s decision in Calvert v. Johnson upheld the parental rights of intended parents in gestational surrogacy. The gestational carrier in that case wanted to keep the baby after birth, but the court ruled that, because she was not genetically related to the child, the intended parents were the legal parents from birth. This ruling shaped surrogacy law nationwide.

Modern Surrogacy

The last 15 years have brought dramatic legal and social progress:

• In 2011, a 61-year-old grandmother in Illinois carried her own grandchild, demonstrating the medical possibilities of modern reproductive science.
• The 2015 Obergefell v. Hodges decision legalized same-sex marriage nationwide, opening federal-level protections that have intersected with surrogacy law.
• New York repealed its compensated surrogacy ban in 2020, with the Child-Parent Security Act taking effect in February 2021.
• Michigan repealed its restrictions in 2024 through the Michigan Family Protection Act, leaving Louisiana as the only state with significant remaining restrictions on compensated surrogacy.
• According to the CDC and SART, donor egg and gestational carrier cycles in the United States now exceed 12,000 annually, and the percentage of IVF cycles involving a gestational carrier has more than tripled since 2010.

Finding the Right Surrogacy Agency for You

Surrogacy has supported families for thousands of years by opening doors to parenthood that would otherwise be closed to many people.

The history of surrogacy is not a perfectly clean one. There have been hard cases, difficult court decisions, and moments where the people most affected were not centered in the conversation. But the modern industry has learned from each of those moments. Today, surrogacy is built on informed consent, comprehensive legal protections, mental health support, and respect for everyone involved.

If you are exploring whether surrogacy is the right path for your family, we would be honored to walk that road with you. Reach out to Elevate Baby today to start the conversation.

Frequently Asked Questions

What is the difference between traditional and gestational surrogacy? 

In traditional surrogacy, the surrogate uses her own egg, making her the biological mother. In gestational surrogacy, the embryo is created via IVF using the intended parents’ or donor gametes, and the surrogate has no genetic connection to the baby. Nearly all U.S. surrogacy today is gestational.

Who can pursue surrogacy? 

Anyone whose path to parenthood requires it. This includes couples facing infertility, LGBTQ+ couples, single parents by choice, and individuals for whom pregnancy poses a medical risk.

When did the modern surrogacy industry begin? 

The first formal surrogacy agreement was brokered in the mid-1970s. The first compensated arrangement followed in 1980, and the first successful gestational surrogacy occurred in 1985.

Is surrogacy legal in all 50 states? 

Compensated gestational surrogacy is legal in nearly every U.S. state. Louisiana remains the most notable exception with restrictions on compensation. Michigan was the most recent state to legalize, repealing its ban in 2024.