Surrogacy Laws by State
Surrogacy laws in the United States vary widely across states. 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.
🟢 Surrogacy-Friendly States (Fully Legal & Regulated)
These states allow and regulate surrogacy, offering strong legal protections for intended parents and surrogates.
1. Alabama
✔️ Surrogacy is legal and supported.
✔️ Pre-birth orders are generally granted by courts.
2. Alaska
✔️ No specific surrogacy laws, but courts uphold agreements.
✔️ Pre-birth orders are issued on a case-by-case basis.
3. California 🌟 (One of the Best States for Surrogacy)
✔️ Strongest surrogacy laws in the U.S.
✔️ Pre-birth orders available for all intended parents (including LGBTQ+).
✔️ International parents welcomed.
4. Colorado
✔️ Gestational surrogacy is fully legal.
✔️ Pre-birth orders are available for all intended parents.
5. Connecticut
✔️ Strong surrogacy protections.
✔️ Pre-birth orders available for all intended parents.
6. Delaware
✔️ One of the best states for surrogacy.
✔️ Intended parents and surrogates have full legal protections.
7. District of Columbia (Washington, D.C.)
✔️ Surrogacy became fully legal in 2017 after a previous ban.
✔️ Pre-birth orders available for all intended parents.
8. Florida
✔️ Gestational surrogacy is legal for married couples.
✔️ Pre-birth orders are granted in most cases.
❌ Unmarried couples and single parents face legal obstacles.
9. Georgia
✔️ No formal laws, but surrogacy is generally supported.
✔️ Pre-birth orders granted in some cases.
10. Illinois
✔️ One of the best surrogacy states with strong legal protections.
✔️ Pre-birth orders are granted to all intended parents.
11. Maine
✔️ Surrogacy is fully legal with clear regulations.
✔️ Pre-birth orders granted for all intended parents.
12. Maryland
✔️ Surrogacy-friendly state with court support.
✔️ Pre-birth orders available for all parents.
13. Massachusetts
✔️ Surrogacy is supported and legal.
✔️ Pre-birth orders available for all intended parents.
14. Nevada
✔️ Surrogacy is fully legal and well-regulated.
✔️ Pre-birth orders are granted automatically.
15. New Hampshire
✔️ Surrogacy is fully legal and well-regulated.
✔️ Pre-birth orders are granted quickly.
16. New Jersey
✔️ Gestational surrogacy is fully legal and protected.
✔️ Pre-birth orders are granted for all intended parents.
17. North Dakota
✔️ Surrogacy is legal, and contracts are enforceable.
✔️ Pre-birth orders available for LGBTQ+ parents.
18. Oregon
✔️ Surrogacy is legal and supported.
✔️ Pre-birth orders granted in most cases.
19. Rhode Island
✔️ No explicit surrogacy laws, but courts uphold agreements.
✔️ Pre-birth orders available.
20. Vermont
✔️ Surrogacy is fully legal and well-protected.
✔️ Pre-birth orders granted.
21. Washington
✔️ Surrogacy laws protect intended parents and surrogates.
✔️ Pre-birth orders available.
🟡 Moderately Surrogacy-Friendly States (Some Restrictions Apply)
These states allow surrogacy but have unclear laws or additional legal steps.
22. Arkansas
✔️ Surrogacy is legal but laws lack clarity.
23. Hawaii
✔️ Surrogacy is allowed, but no formal regulations exist.
24. Indiana
❌ Surrogacy contracts are unenforceable, but some intended parents can still establish parental rights.
25. Iowa
✔️ Surrogacy is permitted, but contracts have no specific legal framework.
26. Kansas
✔️ Surrogacy is permitted, but contracts are judged case by case.
27. Minnesota
✔️ Surrogacy agreements are recognized but lack explicit legal protections.
28. Missouri
✔️ No specific laws, but surrogacy contracts are generally upheld.
29. Montana
✔️ Surrogacy is allowed but not legally regulated.
30. New Mexico
✔️ Surrogacy is permitted, but laws are unclear.
31. New York
✔️ Surrogacy became fully legal in 2021.
✔️ Pre-birth orders available.
32. North Carolina
✔️ No specific laws, but surrogacy is generally accepted.
33. Ohio
✔️ Surrogacy is legal, but court rulings vary.
34. Oklahoma
✔️ Surrogacy contracts are permitted, but legal protections are weak.
35. Pennsylvania
✔️ Surrogacy is legal but varies by county.
36. South Carolina
✔️ No laws banning surrogacy, but courts are inconsistent.
37. Tennessee
✔️ Surrogacy is legal but primarily for married couples.
38. Texas
✔️ Surrogacy is legal for married couples only.
39. Virginia
✔️ Altruistic surrogacy is allowed, but commercial surrogacy is restricted.
40. Wisconsin
✔️ Surrogacy is legal but requires additional legal steps.
🔴 Restricted or Prohibited Surrogacy States
These states severely restrict or outright ban surrogacy.
41. Idaho
❌ Surrogacy is unregulated, and contracts may not be enforceable.
42. Kentucky
❌ Surrogacy laws are unclear, making it risky for intended parents.
43. Louisiana
❌ Commercial surrogacy is illegal.
✔️ Only altruistic surrogacy is allowed for married heterosexual couples.
44. Michigan 🚨 (Worst State for Surrogacy)
❌ Surrogacy contracts are illegal and unenforceable.
❌ Paid surrogacy is a criminal offense.
45. Mississippi
❌ Surrogacy laws are unclear and contracts may not be enforceable.
46. Nebraska
❌ Surrogacy contracts are void and unenforceable.
47. South Dakota
❌ No laws regulate surrogacy, making it a legal risk.
48. West Virginia
❌ Surrogacy contracts are not recognized.
49. Wyoming
❌ Surrogacy laws are unclear, making contracts unenforceable.
50. Utah
❌ Only heterosexual, married couples can pursue surrogacy.
