The US Surrogacy Law Map ™

Surrogacy Laws: The Best States For Compensated Surrogacy

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.

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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.
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 in that state.

* 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.

“Yellow Light” States
Proceed with caution. Surrogacy is practiced, but there are potential legal hurdles; or results may be inconsistent.
Proceed with extreme caution. Surrogacy is practiced and courts issue parentage orders, but surrogacy contracts are void and unenforceable by statute.
“Red Light” States
STOP! Statute or published case law prohibits compensated surrogacy contracts, OR a birth certificate naming both parents cannot be obtained.

*Statute makes commercial surrogacy criminal in most cases.

State-By-State 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 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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The US Surrogacy Law Map™ Copyright Notice and Disclaimer

The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the current year. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes. 

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The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website. 

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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:

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. If you are a surrogate candidate, you may be able to do an uncompensated journey if you live in Louisiana, but not a compensated one.

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 and negotiate a surrogacy contract; if you are the surrogate, your attorney will review the agreement with you and negotiate terms on your behalf.
  • Provide detailed guidance throughout every step of the surrogacy process, consistent with legal and ethical parameters. As the delivery approaches, the intended parents’ lawyer will prepare a power of attorney between the surrogate and the intended parents so that all goes smoothly at the hospital. In addition, the attorney will negotiate a comprehensive birth plan with the hospital for the surrogacy delivery
  • Help you obtain essential parentage orders and parentage documents

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 legally and ethically so you can focus on becoming a surrogate mother or growing your family.