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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.

Click on any state on the map for more information on surrogacy law in that state – as it is practiced, not just in theory.

GREEN LIGHT STATES
YELLOW LIGHT STATES
RED LIGHT STATES
MARRIED HETEROSEXUAL COUPLES
MARRIED SAME-SEX COUPLES

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“GREEN LIGHT” STATES

Surrogacy is permitted for all parents, pre-birth orders are granted throughout the state, and both parents will be named on the birth certificate. Go to the state page for more detailed information.

CA, CT, DC, DE, ME, NH, NJ, NV, RI, VT

Surrogacy is permitted but results may be dependent on various factors or venue. In some birth states additional post-birth legal procedure may be required. Click on any state on the map for more detailed information.

AL, AK, AR, CO, FL, GA, HI, IL, KS, KY, MA, MD, MN, MO, MT, NC, ND, NM, OH, OK, OR, PA, SC, SD, TX, UT, 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.

“YELLOW LIGHT” STATES

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, IA, ID, MS, MT, NE, TN, VA, WY

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.

AZ, IN

“RED LIGHT” STATES

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.

LA, MI, NY, WA*

*A new statute in WA will allow surrogacy effective 1/1/2019.

GESTATIONAL SURROGACY LAW ACROSS THE UNITED STATES

Heterosexual vs Same-sex Married Couples

CLICK the map icon buttons below for detailed information

MARRIED HETEROSEXUAL COUPLES

MARRIED SAME-SEX COUPLES