​Do You Have to Pay Taxes on Surrogacy Money?​​

​Do You Have to Pay Taxes on Surrogacy Money?​​

The short answer:​​ ​Yes, surrogacy payments are usually taxable income—but tax rules vary depending on who receives the money (surrogate, egg donor, or agency) and where you live. Here’s what you need to know.


1. Is Surrogate Compensation Taxable?​

For the Surrogate (U.S. & Most Countries)​

  • Surrogates must report income​ from base pay, bonuses, and reimbursements (e.g., maternity clothes).
  • Taxed as self-employment income​ (if independent) or ​W-2 wages​ (if paid through an agency).
  • Deductible expenses: Medical costs, travel for appointments (if not reimbursed).

Example: A surrogate paid ​​50,000∗∗​mayowe​∗∗​7,000–$15,000​ in taxes (depending on deductions and state laws).

For Intended Parents

  • Not tax-deductible​ (considered a personal expense, like adoption costs).
  • Exception: Some states (e.g., ​New York) allow tax credits for surrogacy expenses.

2. Are Egg/Sperm Donor Payments Taxable?​

  • Egg donors: Must report income (typically ​​5,000–15,000 per cycle).
  • Sperm donors: Usually ​not taxed​ if payments are small (under $600/year).

Key rule: If a donor is paid ​over $600, the agency/intended parents must file a ​Form 1099.


3. Agency Fees & Medical Costs

  • Agency fees​ (e.g., matching, legal help) are ​not taxable​ to intended parents.
  • Medical costs​ (IVF, embryo transfer) may qualify for ​medical expense deductions​ (if they exceed ​7.5% of adjusted gross income).

4. International Surrogacy & Taxes

  • Canada/UK: Surrogates are ​not paid​ (only reimbursed for expenses), so ​no tax.
  • Mexico/Colombia: Laws vary—some classify payments as ​gifts​ (non-taxable).
  • India/Ukraine: Payments to surrogates are ​taxable income.

Warning: U.S. parents using international surrogates ​must still report payments​ if they exceed ​​$10,000/year​ (IRS foreign gift rules).


5. How to Reduce Tax Liability

✔ ​Surrogates: Track deductible expenses (medical bills, mileage).
✔ ​Intended parents: Explore ​state tax credits​ (e.g., NJ, MD).
✔ ​Use an agency: They often handle ​tax forms​ for surrogates.

Always consult a tax professional—surrogacy tax laws are complex!


Final Answer

  • Surrogates: Pay income tax on compensation.
  • Donors: Pay tax if earnings exceed $600/year.
  • Intended parents: No deduction (except in a few states).

Need help?​​ Ask a ​reproductive tax specialist​ or check IRS Publication 525.

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