Menu
Close Close Icon
Press Release and Bulletin Teaser image

ASRM Center for Policy and Leadership Releases Policy Report on Gestational Carrier Pregnancies

January 27, 2026 
For Immediate Release

Washington, DC
— The ASRM Center for Policy and Leadership (CPL) released a new report examining gestational carrier policy in the United States, offering an evidence-based framework and key policy considerations for lawmakers. Gestational carrier (GC) arrangements provide a family-building option for patients with documented medical indications using embryos created through in vitro fertilization (IVF) transferred to the uterus of a GC who is not the genetic parent of the child. 
 
The report, Gestational Carrier Policy in the United States: Regulatory Overview and Key Considerations for Policy Development, outlines key policy considerations for lawmakers evaluating gestational carrier legislation, informed by clinical guidance from the American Society for Reproductive Medicine (ASRM) and the Society for Assisted Reproductive Technology, including: 
  • Weighing the real-world consequences of new laws, including how they impact patients, healthcare providers, and taxpayers, to ensure that any resulting costs are clearly justified by a demonstrable public benefit. 
  • Ensuring transparency, informed consent, and access to independent legal counsel so gestational carriers and intended parents clearly understand their rights and responsibilities. 
  • Aligning laws with established medical standards, including evidence-based screening, testing, and psychological evaluation, to protect the health of gestational carriers and support safe, healthy family building. 
The report also urges lawmakers to consider whether proposed policies ask the right threshold questions, including whether legislation is narrowly tailored, grounded in data rather than anecdote, consistent with clinical best practices, and protective of access to medically indicated care without creating unnecessary barriers. 
 
“As policymakers and courts grapple with questions surrounding gestational carriers and assisted reproduction, it is critical that they ground policy decisions in clinical data and established medical standards,” said Rebecca O’Connor, JD, Director of the ASRM CPL. “This report is intended to help decision-makers separate anecdotes from evidence, protect patients and gestational carriers, and avoid unintended consequences that could undermine access to medically indicated care.” 
 
Gestational carrier pregnancies remain rare in the United States, occurring at a rate of approximately 13.7 per 100,000 deliveries nationwide. While use has increased gradually over time, gestational carriers account for just 1.5 percent of assisted reproductive technology cycles, underscoring that these arrangements represent a highly specialized form of medically indicated care rather than a widespread practice. For some hopeful parents, including many same-sex couples and patients who cannot carry a pregnancy, gestational carriers are the only pathway to having a biologically related child. 
 
The full report is available here

For almost a century, the American Society for Reproductive Medicine (ASRM) has been the global leader in multidisciplinary reproductive medicine research, ethical practice, and education. ASRM impacts reproductive care and science worldwide by creating funding opportunities for advancing reproduction research and discovery, by providing evidence-based education and public health information, and by advocating for reproductive health care professionals and the patients they serve. With members in more than 100 countries, the Society is headquartered in Washington, DC, with additional operations in Birmingham, AL. www.asrm.org 

For media inquiries regarding this press release contact:

Sean Tipton
ASRM Chief Advocacy and Policy Officer
E: stipton@asrm.org

Anna Hovey
Advocacy Engagement Specialist
E: ahovey@asrm.org 

J. Benjamin Younger Office of Public Affairs 
726 7th St. SE
Washington, DC 20003
Tel: (202) 863-2494

Press Releases

Check out these press releases as well
Press Release and Bulletin Teaser image

ASRM Center for Policy and Leadership Releases Policy Report on Gestational Carrier Pregnancies

ASRM Center for Policy and Leadership released a report discussing gestational carrier policy in the U.S. discussing it's impact and how lawmakers should proceed going forward. 
Press Release and Bulletin Teaser image

ASRM PRIMED scholar Dr. Caiyun Liao Publishes Article on RRM in JAMA

A new Viewpoint warns about the growing politicization and promotion of “restorative reproductive medicine."
Press Release and Bulletin Teaser image

Fertility Experts Publish New Research Highlighting Declining Fertility Rate, Causes and Global Impacts

Falling fertility rates could have detrimental impacts on global population, economic growth.
Press Release and Bulletin Teaser image

ASRM Ethics and Practice Committees Release New Report Concluding Polygenic Embryo Screening Is Not Ready for Clinical Use

New analysis finds that PGT-P lacks proven clinical utility and raises significant scientific and ethical concerns.

The News from ASRM

People holding their phone awaiting news

Latest News

An indispensable news digest for reproductive scientists, clinicians and allied health professionals. The Latest News posts are available to ASRM members in good standing only.

View the Latest News
Press Release and Bulletin Teaser image

ASRM Press Releases/Bulletins

ASRM Press Releases and Bulletins are published by ASRM's Office of Public Affairs to inform the press and Society members of important recent developments.

View the ASRM Press Releases

Topic Resources

View more on the topic of assisted reproductive technologies
Podcast Icon

Fertility and Sterility On Air - Roundtable: In Vitro Gametogenesis

This week, we welcome Dr. Paula Amato and Professor Glenn Cohen to discuss the legal and ethical implications of in vitro gametogenesis (IVG). Listen to the Episode
PR Bulletin Icon

ASRM Center for Policy and Leadership Releases Policy Report on Gestational Carrier Pregnancies

ASRM Center for Policy and Leadership released a report discussing gestational carrier policy in the U.S. discussing it's impact and how lawmakers should proceed going forward.  View the Press Release
PR Bulletin Icon

ASRM PRIMED scholar Dr. Caiyun Liao Publishes Article on RRM in JAMA

A new Viewpoint warns about the growing politicization and promotion of “restorative reproductive medicine." View the Press Release
PR Bulletin Icon

ASRM Ethics and Practice Committees Release New Report Concluding Polygenic Embryo Screening Is Not Ready for Clinical Use

New analysis finds that PGT-P lacks proven clinical utility and raises significant scientific and ethical concerns. View the Press Release
Podcast Icon

Fertility and Sterility On Air - Roundtable: Egg Sharing

Experts debate the ethics of egg sharing and split cycles, exploring patient autonomy, informed consent, diversity, and equitable fertility care. Listen to the Episode
News Icon

August: What's New from the Fertility and Sterility Family of Journals

Here’s a peek at this month’s issues from our family of journals! As an ASRM Member, you can access all of our journals. Check out the newest from Fertility and Sterility
Document Icon

Assisted reproduction with advancing paternal and maternal age: an Ethics Committee opinion (2025)

Explore ethical considerations in assisted reproduction for older parents, balancing reproductive autonomy with potential offspring well-being. View the Committee Opinion
Coding Icon

Code O09.01 vs O09.811 for Pregnancy Patients

Is code O09.01 acceptable for all pregnancy patients, or for same-sex cases View the Answer
Document Icon

Disclosure of medical errors and untoward events involving gametes and embryos: an Ethics Committee opinion (2024)

Medical providers have an ethical duty to disclose clinically significant errors involving gametes and embryos. View the Committee Opinion
Document Icon

Use of preimplantation genetic testing for monogenic adult-onset conditions: an Ethics Committee opinion (2024)

Preimplantation genetic testing for adult-onset monogenic diseases is ethically allowed when fully penetrant or conferring disease predisposition. View the Committee Opinion
Coding Icon

When to use code Z31.83

When a patient is completing an approved fertility cycle, is it necessary View the Answer
Coding Icon

Timed Intercourse Cycle Codes

Is it appropriate to utilize codes N97.8 or View the Answer
Coding Icon

Billing Physician vs Service Physician

What physician’s name must be on the treatment notes and who we are permitted to bill to insurance for:   View the Answer
Videos Icon

Journal Club Global: Falha de implantação: realidade ou ilusão estatística?

Fertility and Sterility Global Journal Club from Brazil View the Video
Document Icon

The use of hormonal contraceptives in fertility treatments: a committee opinion (2024)

Hormonal contraception aids in the timing of ART cycles, reduce ovarian cysts at IVF cycle initiation, and optimize visualization before hysteroscopy. View the Committee Opinion
Document Icon

Family members as gamete donors or gestational carriers: an Ethics Committee opinion (2024)

The use of adult intrafamilial gamete donors and gestational surrogates is ethically acceptable when all participants are fully informed and counseled. View the Committee Document
Coding Icon

Semen analysis and thaw code

Can we use the semen analysis presence and motility (89300) code along with a reproductive tissue thaw code  (89354) View the Answer
Coding Icon

Billing for assisted hatching at biopsy and transfer

We would also like to know if you can bill assisted hatching with biopsy and then assisted hatching again during the transfer cycle. View the Answer
Coding Icon

Diagnosis code for donation

What is the diagnosis code for an embryo donation versus egg donation? View the Answer
Coding Icon

Coding for an endometrial biopsy/Mock cycle

We had patients request us to bill their insurance for the two monitoring visits and the Endo BX and change the diagnosis code to something that is payable.  View the Answer
Document Icon

Financial ‘‘risk-sharing’’ or refund programs in assisted reproduction: an Ethics Committee opinion (2023)

Financial ‘‘risk-sharing’’ fee structures in programs charge patients a higher initial fee but provide reduced fees for subsequent cycles. View the Committee Document
Document Icon

Prevention of moderate and severe ovarian hyperstimulation syndrome: a guideline (2023)

Ovarian hyperstimulation syndrome is a serious complication associated with assisted reproductive technology. View the guideline
Coding Icon

Guidance for coding limited or follow-up ultrasounds used during an IVF Cycle

I am a coder for a Reproductive Endocrinologist's office and am looking for some guidelines on limited or follow-up ultrasounds used during an IVF Cycle.  View the Answer
Coding Icon

Billing for cryopreservation procedures on different days

I understand that if cryopreservation of oocytes is performed on two separate dates of service, each date of service was billable. View the Answer
Coding Icon

Measurements to report with ultrasound codes

Are there clear guidelines as to what measurements are required in order to bill for each type of ultrasound? VIew the Answer
Coding Icon

Billing IVF lab work

We typically bill our IVF Lab work under the rendering provider who performs the VOR. Who should be the supervising provider for embryology billing? View the Answer
Coding Icon

Estradiol Free versus Total

Should patients with fertility issues be billing Estradiol Free (82681) instead of Estradiol Total (82670)? View the Answer
Coding Icon

IVF coverage denied for Z31.83 diagnosis code

My wife and I have been seeking IVF treatment and coverage was added for infertility treatment (up to $25,000) but our insurer keeps denying it. View the Answer
Coding Icon

Cycle coordination fees and 99499, S4042

I reviewed cycle coordination fees, but see that there is no specific code for cycle management.  View the Answer
Coding Icon

Supervising provider for embryology billing

We typically bill our IVF Lab work under the rendering provider who performs the VOR. Who should be the supervising provider for embryology billing? View the Answer
Videos Icon

Journal Club Global - Revisiting the STAR trial: The Fellows debate PGT-A

We are excited to host a debate covering the pros and cons of PGT-A and how new technologies should be validated before clinical implementation. View the Video
Document Icon

Informed consent in assisted reproduction: an Ethics Committee opinion (2023)

Informed consent is a process in which the patient is supported in developing an understanding of medical options. View the Ethics Committee Opinion
Coding Icon

Unlisted Fertility Treatment CPT Code

Can you please refer me to an unlisted management CPT code for fertility treatment? View the Answer
Coding Icon

Z Codes Vs. Procedure Codes For Fertility Preservation Counseling

I am trying to understand better when to use the procreative management code vs the fertility preservation counseling and procedure codes. View the Answer
Coding Icon

Pregnancy Of Unknown Location

What is the most appropriate ICD-10 code for pregnancy of unknown location (not an ectopic pregnancy)?  View the Answer
Coding Icon

Pregnancy Ultrasound

Our practice does routine ultrasounds (sac check- 76817) at the end of an IVF cycle and bill with a diagnosis code O09.081, pregnancy resulting from ART.  View the Answer
Coding Icon

In Vitro Maturation

Have CPT codes been established for maturation in vitro? View the Answer
Coding Icon

IUI Same Gender

When managing an IUI or IVF cycle for a female same sex couple or a patient that has no exposure to sperm, what ICD 10 diagnosis should be used? View the Answer
Coding Icon

IVF Case Rates

What ICD-10 codes apply to case rates? View the Answer
Coding Icon

Limited Monitoring Ultrasound

What is the appropriate code to use for a limited follow-up follicular transvaginal ultrasound? View the Answer
Coding Icon

Limited Transvaginal Ultrasound

One of our clients received information that a repeat limited transvaginal ultrasound should be billed with a limited pelvic ultrasound code (76857). View the Answer
Coding Icon

Monitoring E&M

Our group would like to know if others are billing an evaluation and management code for ultrasound and blood draw visits? View the Answer
Coding Icon

Monitoring FET

What is the correct diagnosis code to use on the follicle ultrasound (76857) for a patient who is undergoing frozen embryo transfer (FET)? View the Answer
Coding Icon

Monitoring Ovulation Induction By Nurses

We are considering the use of CPT code 99211 for encounters during cycle management as part of ovulation induction.  View the Answer
Coding Icon

Non-REI Board Certified MD Performing REI Procedures

My boss has a few follow up questions about a non-REI board certified MD performing REI procedures.  View the Answer
Coding Icon

Embryo Storage Fees For Multiple Cycles

We bill embryo storage 89342 for a year's storage.  View the Answer
Coding Icon

Endometrial Receptivity Analysis

Our physicians are going to start doing an Endometrial Receptivity Analysis. Do you know the appropriate CPT code that should be used?

View the Answer
Coding Icon

Flat Fee For Outside Monitoring

Can our office charge outside monitoring patients a flat fee to be seen?  View the Answer
Coding Icon

Diagnosis Code For Same-Sex Egg Donation

We have a same-sex male couple with insurance coverage for IVF.  View the Answer
Coding Icon

Donor Embryos

Could you give guidance for the correct ICD-10 code(s) to use when a patient is doing an Anonymous Donor Embryo Transfer cycle? View the Answer
Coding Icon

Coding For Placement Of A Cervical Stitch

Physicians at our practice are placing a stitch and dilating the cervix after egg retrievals for those patients that have cervical stenosis.  View the Answer
Coding Icon

Board Certified Vs. Non-Board Certified Billing

Is coding/billing any different when a non-board certified or non-REI provider submits for REI procedure?  View the Answer
Coding Icon

Assisted Hatching Billed With Embryo Biopsy

Do you know if both assisted hatching (89253) and embryo biopsy for PGS/PGD/CCS (89290/89291) can be billed during the same cycle?  View the Answer
Coding Icon

Billing at an Outside Clinic for Lab Services

One of my physicians uses an outside facility to perform the retrievals and transfers.  View the Answer
Coding Icon

Mental-health Services During Assisted Reproduction

A summary of codes for Mental-health Services During Assisted Reproduction compiled by the ASRM Coding Committee. View the Coding Summary
Coding Icon

Laboratory Procedures during ART Cycles

A listing of codes, compiled for a fresh ART cycle, transfer, biopsy, cryopreservation of embryos and oocytes, storage, and thawing. View the Coding Summary
Videos Icon

Journal Club Global: Evidence for Immunologic Therapies in Women Undergoing ART

Reproductive immunology is perhaps one of the most controversial and promising fields within ART. View the Video
Document Icon

Comprehensive guidance for human embryology, andrology, and endocrinology laboratories: management and operations: a committee opinion (2022)

ASRM has published guidance and minimum standards for embryology and andrology laboratories. View the Committee Opinion
Videos Icon

Journal Club Global - Best Practices of High Performing ART Clinics

This Fertility and Sterility Journal Club Global discusses February’s seminal article, “Common practices among consistently high-performing in vitro fertilization programs in the United States: a 10 year update.” View the Video
Videos Icon

Journal Club Global - Fertilization rate as a novel indicator in ART results

This Journal Club Global discusses a provocative article recently published in Fertility and Sterility, discussing the results of a multicenter retrospective cohort study with the objective to appraise the fertilization rate as a predictive factor for cumulative live birth rate (CLBR). View the Video
Videos Icon

Journal Club Global - Are We Approaching Automation in ART?

Some ART diagnostic devices are already available and offer objective tools of evaluation. View the Video
Document Icon

Guidance on the limits to the number of embryos to transfer: a committee opinion (2021)

ASRM's guidelines for the limits on the number of embryos to be transferred during IVF cycles have been further refined ... View the Committee Opinion
Document Icon

Role of tubal surgery in the era of assisted reproductive technology: a committee opinion (2021)

This document reviews surgical options for reparative tubal surgery and the factors that must be considered when deciding between surgical repair and IVF.
View the Committee Opinion
Document Icon

Minimum standards for practices offering assisted reproductive technologies: a committee opinion (2021)

A framework for assisted reproductive technology (ART) programs that meet or exceed the requirements suggested by the Centers for Disease Control View the Committee Opinion
Videos Icon

Journal Club Global - Recurrent Implantation Failures in ART: Myth or Reality?

Classically, implantation failures in ART were believed to result from alterations in embryo or endometrium quality.
View the Video
Document Icon

The role of immunotherapy in in vitro fertilization: a guideline (2018)

ASRM guideline evaluates current evidence on immunotherapy use in IVF, finding limited support for routine adjuvant immunomodulating treatments. View the Committee Opinion
Document Icon

The International Glossary on Infertility and Fertility Care, 2017†‡§ (2017)

A globally‑consensus glossary of 283 infertility and fertility‑care terms developed in 2017 to harmonize communication across clinicians, researchers & patients. View the Committee Joint Guideline
Coding Icon

Correct coding for laboratory procedures during assisted reproductive technology cycles (2016)

This document provides updated coding information for services related to assisted reproductive technology procedures. View the Coding Committee Document
Document Icon

Recommended practices for the management of embryology, andrology, and endocrinology laboratories: a committee opinion (2014)

A general overview for good management practices within the endocrinology, andrology, and embryology laboratories in the United States. View the Recommendation
Document Icon

Best practices of ASRM and ESHRE: a journey through reproductive medicine (2012)

ASRM and ESHRE are the two largest societies in the world whose members comprise the major experts and professionals working in reproductive medicine. View the Committee Joint Guideline