US SURROGACY LAWS BY STATE

Surrogacy laws in each state are constantly evolving. To provide Intended Parents & Surrogates with the most comprehensive legal information; we have created an interactive map and compiled a list of the most frequently asked questions for your benefit. 

Most Surrogate Friendly

4Star

Surrogacy is legal. Pre-birth orders are granted throughout the state and both parents will be named on the birth certificate. Click on any state for specific details.

CA, CT, DC, DE, ME, NH, NV, RI, VT, NJ

Surrogate Friendly

4star-2

Surrogacy is legal but pre-birth orders are not available in every state. In some birth states, additional post-birth legal procedures may be required. Click on any state for specific details.

AL, AK, AR, CO, FL, GA, HI, IL, IA, KS, KY, MA, MD, MN,
MO, MS, MT, NC, ND, NM, OH, OK, OR, PA, SC, SD, TX, UT, WI, WV

Proceed with Caution

3star

Surrogacy is a complex process in these states. It is legal and pre-birth orders are available in some states but there are several stipulations and there are potential legal issues. In some states, additional post-birth legal procedures may be required. Click on any state for specific details.

ID, TN, VA, WY

Proceed with Extreme Caution

2star

Proceed with extreme caution. Surrogacy contracts are void and unenforceable by statute; however, surrogacy is practiced and courts issue parentage orders in certain cases. Click on any state on the map for more detailed information.

AZ, IN

Caution - Do Not Proceed

1star

Pursuing surrogacy is not recommended in these states. Compensated surrogacy contracts are prohibited by statute or published case law and/or a birth certificate naming both parents cannot be obtained. Click on any state for specific details.

LA, MI, NE

Same Sex Friendly

flag

Surrogacy is permitted but results may be dependent on various factors or venue.
In some birth states additional post-birth legal procedures may be required.

AL, AK, AR, CA, COCT DC, DEFL, GA, HI, IL, IA, KS, KY, MA, MEMD, MN, MO, MS, MT, NC, ND, NH, NJNM, NVOH, OK, OR, PA, RISC, SD, TX, UT, VTWI, WV

WHAT’S COVERED

For each state we provide answers to the following key surrogacy legal questions:

  • Is Gestational Surrogacy Legal?
  • Is Traditional Surrogacy Legal?
  • Is Compensated Surrogacy Legal?
  • Creating a Surrogacy Contract for This State
  • Determining Legal Parentage in This State
  • Is Same-Sex Surrogacy Legal?
  • Are There any Addtional Laws Impacting Same-Sex Surrogacy in this State?
  • Are Surrogacy Contracts Enforceable?
  • Are There Any Particular Surrogacy Laws for International IPs in this State?
  • When do IP’s Need to Complete an Adoption After Birth?
  • Does this State Allow Second-Parent Adoptions?
  • What Happens In Cases Where IP’s Use a Donor Egg, Sperm or Embryo?


Because the surrogacy legal field is constantly changing, it is important to work with an experienced surrogate attorney in the state where your surrogate will deliver your baby to ensure you are able to successfully establish your legal parentage.