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My cousin is a U.S. citizen. I live outside of the U.S. (not a U.S. citizen). My cousin is a male. I’m a female. My cousin and his wife have fertility problems, and they asked me if I could be a surrogate for them. I agreed.

Our plan is: I will go to the U.S., get IVF in a fertility clinic, and go back to my country. For the next 9 months I will carry their biological child. Then when the child is born, my cousin and his wife will come to my country to take their biological child back with them to the U.S.

Question: what visa should I apply to go to the U.S. for IVF fertilization procedure. I will probably need 1-2 months.

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  • Are you being paid for this service?
    – DJClayworth
    Commented Oct 19, 2022 at 2:04
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    Also, if he officially pays me say $10,000 or whatever, will that make things simpler for a visa application? He can make an official payment if needed. I just want to help my bro
    – user131527
    Commented Oct 19, 2022 at 2:05
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    Quick note: you accepted my answer but I was still editing it, sorry, check it again, I added an important note on proving ties to your home country.
    – user4188
    Commented Oct 19, 2022 at 2:21
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    Beyond the immediate visa issue, this can open a lot of issues, including recognition of the parents, nationality of the child, legality of the whole process (both in the US and in your home country). Surrogacy is illegal in many countries, make sure you involve a local lawyer and a US lawyer, both working for you, not the parents (have them pay for the lawyers, but not directly as clients, you need to be the one the lawyers have a duty to).
    – jcaron
    Commented Oct 19, 2022 at 10:22
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    @user131527 If you are paid it will probably make things worse. You will have to make sure what you are doing is not considered "work".
    – DJClayworth
    Commented Oct 19, 2022 at 12:59

2 Answers 2

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Visitor visa is fine for this. While in early 2020 a ruling came out saying

This rule establishes that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B nonimmigrant visa

you are not in this category. One caveat, though: make you sure you can demonstrate very strong ties to your country. You claim you want to return to carry the child et al but you need to make sure the US authorities will believe this -- your cousin providing for you to stay illegally is a thought they will have.

Footnote: make sure the US state where this happens is fine with this. Surrogacy laws vary widely between states. It might be wise for your cousins to consult a lawyer. Also, "to take their biological child back with them to the U.S." might take a bit because I believe the child will need to get a US passport for that and consulting an immigration attorney on how that will go might also be wise. You can read more about that here.

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    +1. Consulting a lawyer at both ends may be advisable - Need to be sure that surrogacy is legal and the laws followed in the home country as well as in the US
    – Midavalo
    Commented Oct 19, 2022 at 3:09
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    You seem to be missing the point: inspectors could well deny entry the OP if they doubt their intent, or presumed overstay, or if they unilaterally determine this constitutes paid work; really the OP has a huge incentive not to say anything more than "visiting family". I have personally seen CBP agents screaming at a pregnant woman "How long are you staying in the US?" Remember, CBP agents don't get fired for making mistakes or making assumptions, and visitors can be denied entry for lots of reasons.
    – smci
    Commented Oct 19, 2022 at 18:43
  • Just because the linked ruling does not apply to OP it does not mean a visitor visa is fine for what she intends.
    – jcm
    Commented Oct 22, 2022 at 5:31
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Please talk to attorneys both in your local jurisdiction as well as the applicable state of your cousin's residence on the surrogacy. Many US states and perhaps your government have laws regarding what needs to be done for a surrogacy agreement in order to protect the rights of the prospective parents as well as the surrogate. Additionally, whenever there is international transfer of infants and young children you need to make sure you don't need anything special like a legal adoption or whatnot. Given how much your generosity will be saving your cousin (tens of thousands of dollars to pay a surrogate to carry to term) they can afford to spend the few grand on attorneys to make sure this is done properly.

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