Quoting Red Bottom:" I can see you being taken to court for child support for this. #1 he's your boyfriend, not your husband. ... [snip!] ... okay with this....yet they have a few grand to hand you when it's all said and done? I see this being on dateline in 5 years. "
They would be a lot more likely to have a few grand to pay than the $100,000 it takes to do surrogacy in the US. $60,000 if they skip the agency. The plan described in the OP is still not a good idea though of course, as it offers no protection for her. I just wanted to point out how cost prohibitive surrogacy is here and why a couple would choose a less costly yet more questionable route. It's actually not uncommon to do it this way.