GESTATIONAL SURROGACY LAW ACROSS THE UNITED STATES
Surrogacy law, whether by statute or case law, is constantly evolving and changing. The laws are different from state-to-state, and sometimes even from county-to-county. We have compiled what is the first ever summary of state-by-state surrogacy law as actually practiced in the 50 states and the District of Columbia. We know from daily practice that the laws as written can differ dramatically from how the laws are actually practiced in a number of states. Therefore, it is critically important that you arm yourself with knowledge and obtain legal representation to navigate the legal challenges that exist.
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Surrogacy is permitted but results may be dependent on various factors or venue; OR only a post-birth parentage order is available. In some birth states additional post-birth legal procedure may be required. Click on any state on the map for more detailed information.
AL, AR, CO, FL, GA, HI, IL, KS, KY, MA, MD, MN, MO, NC, ND, NM, OH, OK, PA, SC, SD, TX, UT, VT, WI, WV
Note: The state where the baby is born must have a procedure to allow both parents to be named on the birth certificate without action in another state.
Heterosexual vs Same-sex Married Couples
CLICK the maps below for detailed information