Surrogacy Laws by State

Surrogacy laws in the United States vary widely across states as of Aug 14, 2025. While some states fully support and regulate surrogacy, others restrict or even prohibit it. If you are an intended parent or a potential surrogate, understanding your state’s legal stance is essential.

At BabyWith.us, we specialize in guiding families through state-specific surrogacy laws to ensure a safe and legally secure journey. Below is a state-by-state guide, including fully surrogacy-friendly states, moderate states, and restrictive states.

• 🟢🟩 Conditional = generally workable but some conditions (e.g., venue, married status, residency, added steps).
   
• 🟡 Caution = workable but inconsistent or notable hurdles.
   
• 🟠 Extreme Caution = surrogacy contracts void by statute (workarounds may exist).
   
• 🔴 Prohibited/Narrow = compensated surrogacy broadly barred or extraordinarily limited.
   

California, Colorado, Connecticut, District of Columbia, Delaware, Idaho, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, Nevada, Pennsylvania, Vermont, Washington. 

Notes:
• Massachusetts now has the Massachusetts Parentage Act (effective Jan 1, 2025) cementing pre-birth orders statewide.
• Michigan repealed its ban; the Assisted Reproduction and Surrogacy Parentage Act took effect Apr 2, 2025.
• Idaho adopted the Gestational Agreements Act (Idaho Code §§ 7-1601–1612)—contracts validated by court; consideration permitted.
 

Alabama, Alaska, Arkansas, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maryland, Minnesota, Missouri, Mississippi, Montana, New York, North Carolina, North Dakota, New Mexico, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Wisconsin, West Virginia, Wyoming. 

Common conditions (high-level):
• Florida – Two paths: gestational surrogacy statute (§ 742.15) for married commissioning couples; pre-planned adoption (§ 63.213) for others (incl. singles/unmarried), with post-birth steps.
• Texas – Statutory path for married intended parents; court validation required pre-birth (Tex. Fam. Code §§ 160.751–.763).
• Utah – After a 2019 Utah Supreme Court ruling, married same-sex couples have equal access to gestational agreements. F
• Virginia – Surrogacy allowed by statute (Va. Code § 20-156 et seq.); compensation typically limited to reasonable expenses—proceed with counsel.
• Oklahoma – Gestational Carrier Act (2019) authorizes and regulates GC agreements; pre-birth orders available when statute followed.
• Rhode Island – RI Uniform Parentage Act (effective Jan 1, 2021) governs gestational carrier agreements and parentage.
• New York – Child-Parent Security Act (effective Feb 15, 2021) legalized compensated gestational surrogacy with residency and agreement safeguards.
• West Virginia – Courts commonly issue pre-birth orders (practice varies by judge/venue).
• Illinois – Extremely workable via administrative parentage (no court needed if statute satisfied) under the Illinois Gestational Surrogacy Act.
 

Tennessee, Virginia. 

• Tennessee – Case law can require the GC be listed as mother unless both genetic parents are the intended parents; donor-gamete cases often need post-birth adoption for one parent. Venue/judge matters.
 

Arizona, Indiana, Nebraska. 

• Arizona – A.R.S. § 25-218: surrogate parentage contracts void; some courts still grant parentage orders.
• Indiana – Ind. Code § 31-20-1-1 declares surrogate agreements void; some courts may still issue pre-birth orders case-by-case.
• Nebraska – Neb. Rev. Stat. § 25-21,200: surrogacy contracts void and unenforceable.
 

Louisiana.

LA allows only a very narrow gestational surrogacy (married, heterosexual, both genetically related; significant limits); compensated arrangements outside that narrow lane are effectively barred.