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GESTATIONAL SURROGACY LAW ACROSS THE UNITED STATES

State-by-State Interactive Map for Commercial Surrogacy

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, pre-birth orders are granted throughout the state, and both parents will be named on the birth certificate. Click on any state on the map for more detailed information.
 
CA, CT, DE, ME*, NH, NV, OR, RI
*effective July 1, 2016

Proceed with caution. Surrogacy is practiced, but there are potential legal hurdles; or results may be inconsistent. Click on any state on the map for more detailed information.
 
AK, AZ, IA, ID, IN, LA, MS, MT, NE, OK, TN, VA, WY

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, GAHIILKS, KYMAMDMN, MO, NC, NDNMOHPASC, SD, TX, UTVT, WIWV
 
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.

STOP! Statute or published case law prohibits compensated surrogacy contracts, OR a birth certificate naming both parents cannot be obtained. Click on any state on the map for more detailed information.

DC, MI, NJ, NY, WA

GESTATIONAL SURROGACY LAW ACROSS THE UNITED STATES

Heterosexual vs Same-sex Married Couples
 
CLICK the maps below for detailed information

HETEROSEXUAL MARRIED COUPLES

MARRIED SAME-SEX COUPLES