
Fertility
Disqualifications for surrogacy – what to be aware of, from the outset
Jessie Day, in partnership with Pinnacle Surrogacy | 1 Apr 2025
When it comes to surrogacy, both intended parents and potential gestational carriers have a lot of questions – especially around what makes someone eligible (or ineligible) for the process. If you’re considering becoming a surrogate or exploring surrogacy as an intended parent, having a clear understanding of the requirements can help prevent delay.
Take it all with a pinch of salt (and a lot of patience) however – surrogacy is one process that absolutely can’t (and should never) be rushed.
Working exclusively with gestational carriers
We’ve partnered with Pinnacle Surrogacy, a leading US-wide surrogacy agency, to break down everything you need to know about qualifications and disqualifications for surrogacy.
Pinnacle Surrogacy works exclusively with gestational carriers (double-check the agency’s definition of the difference between surrogate and gestational carrier) and each of their coordinators has been a surrogate themselves, meaning you’re in truly experienced hands with every question.
The question of qualification (and disqualification) comes up often from both intended parents and potential surrogates. And of course, having the facts upfront can save time and admin delays. That’s why we’ve created this disqualification prep guide with expert intel from Amber Danley, Surrogacy Program Manager at Pinnacle Surrogacy.
We only work with the best and most experienced, and these experts know their stuff. Let’s get started – over to Amber, and Pinnacle Surrogacy.
What are the main requirements to become a gestational carrier?
Surrogacy is a complex medical and legal process, which means there are strict guidelines for who can qualify as a gestational carrier. Here are the essential requirements:
- Age: Must be between 21 and 40 years old.
- Residency: Must be a US citizen or permanent resident and live in a surrogacy-friendly state (where surrogacy is legal and regulated).
- Physical health: Must be in good health, with a body mass index (BMI) under 32.
- Pregnancy history: Must have given birth to (and be currently raising) at least one child.
- Delivery history: No more than three c-sections or five vaginal births.
- Pregnancy complications: No history of significant pregnancy complications, such as medicated gestational diabetes or preeclampsia.
- Criminal history: Must have a clear criminal background check.
These guidelines help ensure the safest possible outcome for both the gestational carrier and the baby.

What health conditions might disqualify a surrogate?
Certain health conditions automatically disqualify a candidate from becoming a gestational carrier, due to increased medical risks. Here are some of the key disqualifying factors we see in practice:
Pregnancy and delivery history:
- Delivering a singleton before 37 weeks (if it was the most recent or only pregnancy).
- Delivering twins before 35 weeks with no other pregnancy history.
- More than three c-sections or six vaginal births.
- Pre-eclampsia (with protein in urine or occurring in the most recent pregnancy).
- A previous T-incision c-section.
Chronic or pregnancy-related health conditions
- Hypertension (including gestational hypertension and chronic high blood pressure)
- High cholesterol, requiring medication
- History of blood clots (deep vein thrombosis (DVT))
- Diabetes (including gestational diabetes that required medication)
- Epilepsy
- Migraines with aura, requiring medication
- Vertigo, requiring medication
- Multiple autoimmune conditions requiring medication (e.g., lupus, Crohn’s disease, sickle cell anemia, fibromyalgia).
- POTS Syndrome
- Tourette Syndrome
- Cystic Fibrosis
- Intrauterine growth restriction (IUGR) if this was the only pregnancy and baby was delivered because of it.
- Cholestasis
- Placental abruption
- Incompetent cervix
- Placenta accreta
- Cavernous malformations
- Antibody J/K presence
- Currently taking anxiety or depression medication for something that’s not situational.
Lifestyle factors:
- A BMI over 32 (read up on having a healthy BMI before pregnancy).
- Smoking, recreational drug use, or a history of addiction or rehab.
- Financial instability or reliance on government assistance.
These requirements help minimize risks and ensure a healthy pregnancy for all involved.
Can I be a surrogate if I have herpes (HSV)?
Yes, you can be a surrogate if you have HSV (herpes), as long as it is well-managed. Medical guidelines require compliance with preventive measures, such as antiviral medication during pregnancy and the possibility of a c-section if an outbreak occurs near delivery.
If you have HSV and are interested in surrogacy, be upfront about your medical history so your eligibility can be assessed properly.
What mental health conditions could prevent surrogacy?
Surrogacy agencies take mental health seriously, as pregnancy places both physical and emotional demands on the gestational carrier.
- Situational anxiety or depression (such as postpartum depression) may be considered on a case-by-case basis.
- Ongoing mental health conditions requiring medication, such as severe anxiety, depression, bipolar disorder, or ADHD, may disqualify a candidate.
At Pinnacle Surrogacy, we review each case individually, and a psychologist will play a crucial role in the screening process.
Do you check the criminal record?
Yes. Background checks are conducted on both the surrogate and their partner (if applicable). Any criminal history may lead to disqualification – it’s one of the very first checks we carry out, to assess a candidate’s suitability for surrogacy.
What lifestyle factors are common disqualifiers?
Certain lifestyle factors can also impact eligibility:
- Smoking and/or drug use: Candidates must be non-smokers and free from recreational drug use. Drug testing is part of the screening process.
- BMI and weight: A BMI over 32 disqualifies candidates, due to increased pregnancy risks.
- Travel restrictions: Surrogates must adhere to travel restrictions, to ensure the baby is delivered in a legally acceptable location.

Anything else to keep in mind?
Of course – lots! But some things aren’t as obvious. Beyond health and lifestyle, here are a few other factors which can influence eligibility:
- Financial stability: Candidates must be financially stable and cannot be receiving government assistance.
- Support system: Surrogacy is a lengthy and demanding process, requiring strong emotional and logistical support from family and friends – at Pinnacle Surrogacy we require a stable support person to be named and part of the surrogate’s daily life.
- Legal residency: Candidates must be US citizens or permanent residents, and live in a surrogacy-legal state.
For your reading list
While you’re researching, put these super-relevant resources on your list:
Wrapping it up
Surrogacy is an incredible journey, but not everyone qualifies. Understanding the requirements from the start can save time and set realistic expectations.
If you’re considering becoming a gestational carrier or are an intended parent looking for guidance, reach out to Pinnacle Surrogacy – their expert team is ready to support you with first-hand experience, through every step of the process.