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The United States Surrogacy Law Map

State-by-State Gestational Surrogacy Law & Statutes

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 leading state-by-state 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.

Surrogacy Legality: The Best States for Surrogacy

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

This US Surrogacy Map, and all related content, is the property of Creative Family Connections LLC and is protected by United States and international copyright laws.

Do not copy or reproduce without express written permission. Feel free to link to this page should you wish to share this information.

“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, DCDE, ME, NH, NJ, NV, RI, VT, WA

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, GAHIIL, IA, KS, KYMAMDMN, MO, MS, MTNC, NDNMOH, OK, ORPASC, SD, TX, UTWIWV

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.

ID, TN, VA, WY

Proceed with extreme caution. Surrogacy is practiced and courts issue parentage orders, but surrogacy contracts are void and unenforceable by statute. 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, NE, NY*

*A new statute permitting compensated gestational surrogacy will take effect 2/15/2021.


GESTATIONAL SURROGACY LAW ACROSS THE UNITED STATES

Heterosexual Couples & Same-Sex Married Couples

Click the map icons below for more detailed information:

MARRIED HETEROSEXUAL COUPLES

MARRIED SAME-SEX COUPLES

In What States Is Surrogacy Legal?

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:

  • Nebraska
  • Lousiana
  • Michigan
  • New York — until 2/15/2021

When Should I Check the Legality of Surrogacy in My State?

Ideally, the best time to check the legality of surrogacy in your state — especially as a surrogate — is before starting the surrogacy journey. If you are an intended parent, you have more flexibility even if your state is not surrogacy-friendly.

What if I Live in a State Where Surrogacy Is Illegal?

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. A surrogate who wants to receive compensation for a surrogacy journey must live in a surrogacy-friendly state.

Do I Need Help From a Reproductive Lawyer?

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:

  • Prepare a surrogacy contract
  • Provide detailed guidance throughout every step of the surrogacy process, including creating a comprehensive birth plan with the hospital for the surrogacy delivery
  • Match you to a gestational surrogate consistent with legal and ethical parameters
  • Help you obtain essential parentage orders and parentage documents

Who We Are 

Creative Family Connections is a boutique surrogacy agency composed of strong, passionate, highly educated women who are experts in their field. When searching for a surrogacy agency, you don’t need to find one close to where you live. At CFC, we work with surrogates all over the country and offer concierge-level support. We’ll come to you in-person at one of our DC metro offices or conduct a videoconference to meet you and relay all the state-by-state surrogacy legality information when you’re ready to start your surrogacy journey.

At Creative Family Connections, we’re not just a surrogacy agency — We’re also a law firm that updates information about state-by-state surrogacy laws on a regular basis. Many surrogacy industry professionals and surrogacy agencies across the US rely on our surrogacy law map for up-to-date surrogacy legality information.

A graduate of Harvard Law School, Diane Hinsonfounder and owner of Creative Family Connections, paved the way for surrogacy and reproductive rights. Since 2001, CFC’s team of passionate women and surrogacy experts has connected intended parents to surrogates to start families, inspire hope, and change lives forever.

 

Contact Creative Family Connections Today

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 legality so you can focus on becoming a surrogate mother or growing your family.