Surrogacy Laws by State

Below is a list of state-by-state surrogacy laws. This list is evolving, and surrogacy laws are changing constantly as surrogacy becomes more acceptable. For the most up-to-date list, check with an attorney or your surrogacy agency.

Surrogacy-Friendly States

California

Gestational Surrogacy is fully permitted and allowed in California. Gestational surrogacy agreements are enforceable. Pre-birth orders are easily obtainable.

Connecticut

Gestational Surrogacy is fully permitted and allowed in Connecticut. Gestational surrogacy agreements are enforceable. Pre-birth orders are easily obtainable.

District of Columbia

As of April 2017, District of Columbia now fully permits surrogacy agreements. Court parentage orders cannot be issued until 48 hours after the birth.

Delaware

Gestational Surrogacy is fully permitted in Delaware. Gestational surrogacy agreements are valid and enforceable.

Maine

Gestational Surrogacy is fully permitted and allowed in Maine. Gestational surrogacy agreements are enforceable.

Maryland

Maryland is considered a surrogacy-friendly state. Gestational Surrogacy is fully permitted and allowed in Maryland.

Nevada

Nevada is a surrogacy-friendly state. Gestational surrogacy for compensation is fully permitted and allowed in Nevada.

New Hampshire

Gestational Surrogacy for compensation is fully permitted and allowed in New Hampshire. New Hampshire is considered a surrogacy-friendly state.

New Jersey

New Jersey now provides legal protection to new intended parents. As of May 2018, New Jersey now recognizes gestational surrogacy agreements as legal and enforceable.

New York

Beginning on February 15, 2021, New Yorkers will be legally able to arrange and carry out paid surrogacy agreements.

Oregon

Gestational Surrogacy is fully permitted, and contracts are enforceable. Pre-birth orders are issued and will be recognized in other states.

Pennsylvania

Pennsylvania is considered a surrogacy-friendly state. Gestational surrogacy agreements are valid and enforceable.

Rhode Island

Rhode Island is considered a surrogacy-friendly state. Gestational surrogacy for compensation is fully permitted and allowed in the state of Rhode Island.

Surrogacy Permitted with various limitations

Alabama

Gestational Surrogacy is allowed in Alabama, but only because no statute or case law exists prohibiting it. It is sometimes possible to obtain a pre-birth order in Alabama, if you meet all their guidelines, but it is far easier to do a post-birth adoption by way of a pre-birth consent which becomes effective 5 days post-delivery.

Alaska

Gestational Surrogacy is permitted in Alaska, but only because no statute or case law exists prohibiting it. Courts will grant pre-birth parentage orders. However, there are many variables regarding surrogacy in Alaska. Proceed with caution.

Arkansas

Gestational Surrogacy is allowed in Arkansas, with stipulations. Your results may vary depending on such factors as marital status, sexual orientation, and biological relationship to the child.

Colorado

Gestational Surrogacy is allowed in Colorado, as no direct law prohibits surrogacy. However, some restrictions apply by county.

Florida

Gestational Surrogacy is permitted in Florida, for married couples only. All other intended parents will need to take extra legal steps to establish parentage rights.

Georgia

Gestational Surrogacy is permitted in Georgia because there is no published case law or statute that prohibits it. However, certain restrictions apply.

Hawaii

Gestational Surrogacy is permitted in Hawaii. However, only post-birth parentage orders are granted. This may require extra legal steps

Illinois

Gestational Surrogacy is permitted and recognized as legal in Illinois. There are certain regulations that apply by county.

Iowa

Surrogacy in Iowa is unclear, but seems to be allowed As of Feb 16, 2018, gestational surrogacy agreements are enforceable. However, only post-birth order issued. Individual restrictions may apply. Proceed with caution.

Kansas

Gestational Surrogacy is allowed in Kansas. There are no direct laws for or against surrogacy within the state of Kansas.

Kentucky

Gestational Surrogacy is permitted in Kentucky because there are no state mandates or case law that prohibits it. However certain restrictions apply by county.

Massachusetts

Gestational Surrogacy is fully permitted by case law in Massachusetts. Some restrictions apply by county.

Minnesota

Gestational Surrogacy is permitted in Minnesota because there is no case law or state mandate that prohibits it. However, certain restrictions may apply.

Mississippi

Gestational surrogacy is permitted in Mississippi. However, certain restrictions and individual results may vary.

Missouri

Gestational Surrogacy is allowed in Missouri. However, Missouri only issues post-birth adoption orders. Parents may request a hearing regarding parentage to speed up the post-birth process. Individual results may vary by county.

Montana

Gestational Surrogacy is allowed in Montana because there is no explicit laws or mandates that prohibit it. However, as surrogacy is not widely practiced in the state of Montana, there are many unknowns. Proceed with caution.

New Mexico

Gestational Surrogacy is permitted in New Mexico. There are no direct laws regarding surrogacy. The gestational surrogacy agreement is neither expressly prohibited nor permitted

North Carolina

Gestational Surrogacy is allowed in North Carolina. Pre-birth orders are granted and both intended parents can be declared legal parents if at least one parent is genetically related to the child. Other regulations exist.

North Dakota

Gestational Surrogacy is permitted in North Dakota. However, Abortion for sex selection is illegal.

Ohio

Gestational surrogacy agreements are enforceable in Ohio, but restrictions apply.

Oklahoma

New legislation in the state of Oklahoma became effective May 15, 2019. This provides for gestational surrogacy agreements to now be enforceable, and pre-birth orders are issued (conditions must be met).

South Carolina

Gestational Surrogacy is allowed in South Carolina, as there are no case laws or mandates that prohibit surrogacy. However, individual results may vary with certain factors.

South Dakota

Gestational Surrogacy is allowed in South Dakota, however certain restrictions may apply, and individual results may vary.

Texas

Gestational surrogacy is allowed in Texas, with certain restrictions. Individual results may vary by county. Under Texas surrogacy law, the married intended parents, not the gestational surrogate are the legal parents of the child born through surrogacy, if all parties involved entered into the gestational surrogacy agreement at least 14 days before the embryo is transferred to the gestational carrier

Utah

Gestational surrogacy is allowed in Utah, however intended parents must be married and file with a court to have their gestational surrogacy agreement validated pre-birth. Other restrictions may apply by county.

Vermont

Gestational surrogacy is permitted in Vermont, however individual results may vary by county. Traditional surrogacy is not covered by the parentage law, therefore is treated like adoption

Washington

Washington state recently passed the “Uniform Parentage Act” which took effect on Jan 2019. It legalizes gestational surrogacy for compensation. Gestational surrogacy agreements are now legal and enforceable.

West Virginia

Gestational surrogacy for compensation is allowed in West Virginia, however certain restrictions may vary by county.

Wisconsin

Gestational surrogacy agreements are valid and enforceable, unless contrary to the child’s best interest. Other restrictions may apply by county.

Surrogacy practiced with many legal obstacles. Proceed with caution.

Idaho

Gestational Surrogacy is allowed in Idaho because there are no statutes or laws that prohibit it. However, the non-biological parent must adopt the child in order to be recognized as the legal parent. Additionally, only post-birth parentage orders are granted. This may require extra legal steps.

Tennessee

Gestational Surrogacy is allowed in Tennessee; however, this law pertains to married couples only.

Wyoming

Surrogacy law is unclear in Wyoming. There are potential legal hurdles. Laws are inconsistent by county. Proceed with caution.

Surrogacy practiced, but contracts are void and unenforceable. Proceed with extreme caution.

Arizona

Arizona law prohibits all surrogacy agreements, rendering surrogacy contracts unenforceable (see Arizona Revised Statute 25-218). However, although contracts are unenforceable, gestational surrogacy is still practiced in the state of Arizona. Currently, courts will grant a pre-birth order (PBO), but the surrogacy contract remains unenforceable. Proceed with caution.

Indiana

Gestational surrogacy agreements in Indiana are void ad unenforceable. However, despite the un-enforceability of surrogacy contracts, gestational surrogacy continues.

Nebraska

Surrogacy is legal in Nebraska. However, Nebraska surrogacy laws make the contract void and unenforceable. Nebraska laws only permit uncompensated surrogacy. Proceed with extreme caution

Virginia

Gestational surrogacy is permitted in Virginia, with major stipulations. Only intended parents who meet all criteria can obtain a pre-birth order. Proceed with caution.

Surrogacy with compensation is prohibited by law, with legal consequences involved.

Louisiana

Gestational Surrogacy is allowed in Louisiana. However, the surrogacy bill that took effect on Aug 2016 restricts gestational surrogacy to heterosexual married couples using their own gametes and prohibits compensation. Therefore, this prohibits commercial surrogacy in Louisiana. Proceed with extreme caution.

Michigan

Michigan prohibits paid surrogacy. All surrogacy agreements are prohibited and unenforceable. Additionally, surrogacy contracts for compensation are subject to criminal penalties within the state of Michigan.