Click on any state on The US Surrogacy Law Map ™ for more information on surrogacy law in that state – as it is practiced, not just in theory.
* NY statute only applies if one parent and the surrogate are NY residents. RI statute only applies if one parent is a US resident. WY statute only applies if both parents reside in WY.
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, to qualify as a light-green state.
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 the first and leading US Surrogacy Law Map™ as actually practiced in the 50 states. 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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As an intended parent or someone interested in becoming a surrogate, it may come as a surprise that gestational surrogacy agreements are not legal in all 50 states. In the U.S., individual states have the power to determine the legality of surrogacy agreements and surrogate compensation.
These nuances become even more complicated due to the ever-changing nature of these laws. Currently, states where compensated surrogacy is illegal include:
If you are an intended parent and live in a state where surrogacy is banned, know that you have options. A vast majority of intended parents who live in states where compensated surrogacy is illegal choose to work with surrogates from other surrogacy-friendly states. If you are a surrogate candidate, you may be able to do an uncompensated journey. If you live in Nebraska or Louisiana, but surrogacy remains banned in Michigan.
Yes. Enlisting the help of a reproductive lawyer is extremely important. Intended parents often turn to surrogacy attorneys for help navigating the gestational surrogacy journey, including how to approach surrogacy legality in all 50 states, and obtaining parentage rights by a court parentage order.
A law firm like Creative Family Connections can:
If you have any questions about US surrogacy law and how our agency and law firm can help you, reach out today. Our team is committed to helping you navigate surrogacy legally and ethically so you can focus on becoming a surrogate mother or growing your family.